Author Archives: Drew Yewchuk

About Drew Yewchuk

B.A. (University of Alberta) J.D. (University of Calgary). Drew was formerly a staff lawyer with the University of Calgary's Public Interest Law Clinic from 2018-2022 and is now an LLM student at the Peter A. Allard School of Law.

Missing Ceilings for Trial Within a Reasonable Time in the Youth Justice Context

By: Drew Yewchuk

PDF Version: Missing Ceilings for Trial Within a Reasonable Time in the Youth Justice Context

Case Commented On: R v KJM, 2018 ABCA 278

R v KJM is yet another case addressing the changes to the Charter section 11 right to trial within a reasonable time set out in R v Jordan, 2016 SCC 27. The question in KJM is how the Jordan framework applies in the youth justice context. The Court of Appeal was split three ways. Justices Wakeling and O’Ferrall concurred that KJM’s right to trial within a reasonable time was not violated, and that charges should not be stayed, but their reasons for why are fairly different. Justice Veldhuis found that the delay did violate KJM’s Charter right to trial within a reasonable time and would have stayed the charges.

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The 2017/2018 Year in Access to Justice Issues on ABlawg

By: Drew Yewchuk

PDF Version: The 2017/2018 Year in Access to Justice Issues on ABlawg

Planning is underway to hold Alberta’s first ever Access to Justice week from September 29-October 5, 2019. Alberta will join Ontario, Saskatchewan and British Columbia, who each have a week in October dedicated to Access to Justice. In anticipation, this year the Access to Justice Committee of the Canadian Bar Association (Alberta Branch) is taking a week to highlight some of the important initiatives already underway in Alberta. Every day this week they will be posting information about different justice sector organizations in Alberta and the important work they are doing to make access to justice a reality in this province.  We would encourage you to check out their website: here.

To mark the occasion, this is a summary of some of ABlawg’s posts from September 2017 to September 2018, that covered important issues on access to justice issues.

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Bribery by Dry Meat and the Legal Status of Jokes

By: Drew Yewchuk

PDF Version: Bribery by Dry Meat and the Legal Status of Jokes

Case Commented On: Gullion v Gottfried, 2018 ABQB 531 (CanLII)

Gullion v Gottfried is the second reported decision addressing an application for judicial review alleging bribery under the Local Authorities Election Act, RSA 2000 c. L-21, and is also the second decision in which the allegations are unsuccessful (at para 24). The applicant, John Garry Gullion, alleged that the respondent, Everett Gottfried bribed voters in a local election contrary to section 116 of the Local Authorities Election Act. Gullion and Gottfried are second cousins (at para 11).

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A Religious Belief in Inequality: No Injunction Against Bill 24

By: Drew Yewchuk

PDF Version: A Religious Belief in Inequality: No Injunction Against Bill 24

Case Commented On: PT v Alberta, 2018 ABQB 496

PT v Alberta, is the decision of Justice Johnna Kubik on the interlocutory application by several parents and various private schools for an injunction against two provisions in Bill-24: An Act to Support Gay Straight Alliances (Bill 24). Their application to delay the legal effect of the challenged provisions until their constitutional challenge could be heard was denied.

Although PT v Alberta is a fairly brief decision determining an interlocutory application, it is interesting for several reasons: (1) counsel for the applicants was a non-profit entity, the Justice Centre for Constitutional Freedoms, who describes their mission as defending “the constitutional freedoms of Canadians through litigation and education” (JCCF); (2) the applicants brought experts whose evidence was in direct conflict with the legislated legal protections for sexuality and gender identity in Alberta; and (3) one of the religious beliefs that the applicants sought protection for was “that all sexual orientations are not equal” (at para 46). I begin with a summary of a decision, and then discuss these three issues in turn.

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Litigation Privilege, the Adversarial System, and the Search for Truth

By: Drew Yewchuk

PDF Version: Litigation Privilege, the Adversarial System, and the Search for Truth

Case Commented On: Waissmann v Calgary (City), 2018 ABQB 131 (CanLII)

Waissmann v Calgary (City) is a decision about occurrence reports produced by a Calgary transit bus driver following an accident on July 30, 2007 in which Mr. Waissmann was injured. Mr. Waissmann is suing the city and was seeking to compel the city to produce the occurrence reports. The city asserted litigation privilege over the occurrence reports. Master Robertson agreed with the city and determined the occurrence reports were subject to privilege and need not be produced (at para 44). Continue reading →