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Category: Access to Justice Page 14 of 18

Order in the Court! The Use of Electronic Devices in Alberta Courts and Freedom of Expression

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Policies commented on:  Policy on the Use of Electronic Devices in Courtrooms, Alberta Court of Appeal, October 28, 2013; Electronic and Wireless Devices Policy, Court of Queen’s Bench of Alberta, January 2012

Last week the Alberta Court of Appeal (ABCA) issued a Notice to the Profession attaching its Policy on the Use of Electronic Devices in Courtrooms. The Policy applies to all ABCA courtrooms, and prohibits use of electronic devices in those courtrooms by members of the public. For those persons, “Electronic devices … must be turned off and kept out of sight” (section 3). Only lawyers and “accredited media members” are permitted to use such devices in ABCA courtrooms (section 4), subject to certain restrictions. Anyone who uses an electronic device contrary to the Policy may face sanctions including being required to leave the courtroom or declared in civil contempt of court (section 12). The Alberta Court of Queen’s Bench (ABQB) has a similar Electronic and Wireless Devices Policy, requiring that all electronic devices be turned off in its courtrooms, but exempting counsel and some members of the media from that rule. The Provincial Court of Alberta (ABPC) has adopted the ABQB Policy. This post will describe the details of these policies, and will examine whether the policies are consistent with freedom of expression as protected by section 2(b) of the Canadian Charter of Rights and Freedoms.

The Smoking Gun Revealed: Alberta Environment Denies Environmental Groups Who Oppose Oil Sands Projects the Right to Participate in the Decision-Making Process

PDF Version: The Smoking Gun Revealed: Alberta Environment Denies Environmental Groups Who Oppose Oil Sands Projects the Right to Participate in the Decision-Making Process

Cases Considered: Pembina Institute v Alberta (Environment and Sustainable Resource Development), 2013 ABQB 567

This decision by Justice Marceau exposes the very disconcerting trend in Alberta of public officials – in particular those with Alberta Environment – opposing the participation of environmental groups in resources and environmental decision-making. Think about this for a minute. Public officials who work on behalf of Albertans and are paid with public funds actively, and in some cases aggressively, oppose participation by organized members of the public seeking input into how public resources are allocated and developed. To be sure, there is something terribly amiss within the corridors of Alberta Environment. The Pembina Institute and the Fort McMurray Environmental Association have served Albertans generally in bringing attention to this by defending their right to participate in the decision-making process concerning a SAGD (Steam Assisted Gravity Drainage) oil sands project along the MacKay River.

Advance Costs and Trusts: Little Sisters and Okanagan Distinguished

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Case commented on: 1985 Sawridge Trust v Alberta (Public Trustee), 2013 ABCA 226

The Alberta Court of Appeal recently upheld an award of advance costs originally granted in 1985 Sawridge Trust v Alberta (Public Trustee), 2013 ABCA 226. In so doing, the Court of Appeal distinguished British Columbia (Minister of Forests) v Okanagan Indian Band, 2003 SCC 71, [2003] 3 SCR 371 [Okanagan] and Little Sisters Book and Art Emporium v Canada (Commissioner of Customs and Revenue), 2007 SCC 2, [2007] 1 SCR 38 [Little Sisters (No.2)] concluding that the strict requirements of Little Sisters and Okanagan did not apply in the unique, non-adversarial circumstances of Sawridge Trust.

Roundtable on Ontario v Criminal Lawyers’ Association of Ontario

PDF Version: Roundtable on Ontario v Criminal Lawyers’ Association of Ontario

Cases Considered: Ontario v Criminal Lawyers’ Association of Ontario, 2013 SCC 43

On August 13, 2013, Faculty of Law hosted its last Roundtable discussion of the summer. That discussion focused on the Supreme Court of Canada’s August 1st decision in Ontario v Criminal Lawyers’ Association of Ontario, 2013 SCC 43 concerning the compensation to be paid to a lawyer appointed to act as a “friend of the court”, known as an amicus curiae. Participants included faculty members, researchers from the Alberta Civil Liberties Research Centre, JD and graduate students, and a post-doc fellow. What participants found most controversial about the decision was not the court’s 5:4 split on the compensation issue, but rather the court’s unanimity on the inappropriateness — and henceforth, presumably, inability — of courts to appoint amicus curiae to act as de facto defence counsel.

Law Students Provide Legal Information to Flood Victims

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Matter commented on: Flood Relief Legal Information Sessions

 In the days following the July flooding of Calgary and other areas of Southern Alberta, the various U of C law student Facebook pages lit up with offers of help for fellow law students. My classmates offered up their spare bedrooms and just like countless other Albertans, they offered up their time and energy. Some helped out their neighbours while others spent days removing mud from Calgary parks so that summer festivals could take place. And perhaps not surprisingly my classmates also harnessed their newly acquired legal skills, which came coupled with a vibrant enthusiasm.

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