Author Archives: Amy Matychuk

About Amy Matychuk

Amy Matychuk (JD'18, UCalgary Law) is a sole practitioner at Prison & Police Law, where she advocates for the rights of those who have experienced unfair treatment by the prison or police systems in Alberta. More information about her practice is available at prisonpolicelaw.ca.

John v Edmonton Police Service: Guilty of Being a Black Man

By: Amy Matychuk

Case commented on: John v Edmonton Police Service, 2023 AHRC 87 (CanLII)

 PDF Version: John v Edmonton Police Service: Guilty of Being a Black Man

This is a comment on a decision on a complaint made under s 4 of the Alberta Human Rights Act, RSA 2000, c A-25.5, that the Edmonton Police Service discriminated against the complainants on the basis of race, colour, ancestry, or place of origin.

The Black complainants, Yousef John and Caesar Judianga, were roommates who chased a White woman they witnessed smash a car window. Their other roommate, also a Black man, restrained the woman while one of the complainants called the police. When the police officer arrived at the chaotic scene, he believed the complainants were possibly engaged in criminal behavior and used force to gain control of the situation. The police officer directed most of the force he used against the Black complainants rather than the White woman. Tribunal Member Erika Ringseis of the Alberta Human Rights Commission (AHRC) found that the complaint was made out against the Edmonton Police Service. Continue reading →

R v Boudreau: Senior Crown Recused Due to Hostility, “Animus” Toward Accused

By: Amy Matychuk

PDF Version: R v Boudreau: Senior Crown Recused Due to Hostility, “Animus” Toward Accused?

Case Commented On: R v Boudreau, 2021 ABPC 175 (CanLII)

In R v Boudreau, 2021 ABPC 175 (CanLII), Judge F. K. MacDonald for the Provincial Court of Alberta ordered that Mr. Mark Huyser-Wierenga, a Crown prosecutor, recuse himself from conducting a prosecution against the accused, Mr. William Boudreau. Judge MacDonald found that Mr. Huyser-Wierenga’s conduct showed “a lack of objectivity and an inappropriate hostility” to Mr. Boudreau’s defense counsel, Ms. Ellen Sutherland (at para 110). Mr. Huyser-Wierenga also put himself in a position of conflict and conducted himself recklessly or with unacceptable negligence. In this unusual decision, Judge MacDonald issues a stern rebuke to a very senior male Crown prosecutor who not only treated junior female defence counsel discourteously and unprofessionally, but also gave rise to a reasonable apprehension of bias against the accused by making himself a witness and using hyperbole and overstatement when before the court. Continue reading →

R v Shoemaker: Alberta Court of Appeal Tells Corrections Canada to Follow Its Own Rules

By: Amy Matychuk

PDF Version: R v Shoemaker: Alberta Court of Appeal Tells Corrections Canada to Follow Its Own Rules

Case Commented On: R v Shoemaker, 2019 ABCA 266 (Can LII)

In R v Shoemaker, Justices Marina Paperny, Frans Slatter, and Kevin Feehan for the Alberta Court of Appeal (ABCA) overturned Alberta Court of Queen’s Bench (ABQB) Justice K. D. Yamauchi’s decision dismissing Mr Shoemaker’s application for habeas corpus. Mr Shoemaker applied for habeas corpus after he was involuntarily transferred from the medium and minimum security Drumheller Institution to the maximum security Edmonton Institution. The ABCA held that Mr Shoemaker did not have a reasonable opportunity to prepare and provide representations responding to the reasons for his transfer or to seek the assistance of legal counsel. He was denied these opportunities because Correctional Service Canada (CSC) did not follow the procedural safeguards for inmates as set out in the Corrections and Conditional Release Act, SC 1992, c 20 (CCRA), the Corrections and Conditional Release Regulations, SOR/92-620 (CCRR), and CSC’s internal directives. This post is part of my ongoing series on habeas corpus litigation in Alberta. For more background, see my previous posts from May 2017, July 2017, and February 2018. Continue reading →

Boulachanis v Canada: Transgender Inmate Moved to Women’s Prison

By: Amy Matychuk

PDF Version: Boulachanis v Canada: Transgender Inmate Moved to Women’s Prison

Case Commented On: Boulachanis v Canada (Attorney General), 2019 FC 456 (CanLII)

In Boulachanis v Canada, Justice Sébastien Grammond of the Federal Court granted Jamie Boulachanis’ application for an interlocutory injunction ordering that she be transferred to a women’s prison. Ms. Boulachanis, who is a transgender woman, initially made a transfer request to Correctional Service Canada (CSC) and was denied. She applied for judicial review of the decision denying the transfer. While waiting for resolution of her judicial review application, she was moved to administrative segregation due to threats to her safety from other (male) inmates. Accordingly, she successfully applied for an interlocutory injunction and an order that she be moved to a women’s prison immediately.

Justice Grammond’s decision discusses Ms. Boulachanis’ history, the rights of transgender people in a correctional environment, and the tripartite test for an interlocutory injunction. He found, “the refusal to transfer Ms. Boulachanis to a women’s institution constitutes prima facie discrimination based on gender identity or expression” (at para 3). Justice Grammond’s decision is an important victory for the rights of transgender inmates, who face unique roadblocks and safety risks and who must contend with persistent myths and misinformation about their gender identities and expressions. Continue reading →

Gladue Factors: Still Not a “Race-Based Discount”

By: Amy Matychuk

PDF Version: Gladue Factors: Still Not a “Race-Based Discount”

Case Commented On: R v Matchee, 2019 ABCA 251

In R v Matchee, Justices Patricia Rowbotham, Ritu Khullar, and Dawn Pentelechuk of the Alberta Court of Appeal (ABCA) overturned Alberta Court of Queen’s Bench Justice Eldon J. Simpson’s sentencing decision because it did not give proper effect to Gladue factors (named for the case that created them, R v Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)). The ABCA sentenced the offender afresh, substituting a six-year sentence for the original seven-year sentence (though with the deduction of three years 7.5 months credit for pre-sentence custody the remaining sentence was two years 4.5 months). The ABCA also commented on the correct application of Gladue factors, which are frequently misapplied and misunderstood as a “race-based discount” rather than “a partial remedy for the systemic discrimination suffered by [A]boriginal people which has led to their overrepresentation in the criminal justice system” (at para 31). Continue reading →