Constitutional – Page 71

The right to counsel is a revered constitutional right in Canada, but casting aside the understandings of this right that derive from American television shows, what does it really mean? Does it include, for example, the right to retain counsel of one’s own choosing? What if the proposed lawyer was present at the scene of the alleged crime, although not an actual witness to the events? This was the scenario in R. v. Karmis, where a man accused of assault causing bodily harm sought to hire a lawyer who happened to be present at the party where the alleged events occurred.

Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

By Linda McKay-Panos

On September 25, 2008

In Constitutional, Criminal

Cases Considered: R. v. White, 2008 ABCA 294

PDF Version: Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

In these days of flagrant disregard of publication restrictions, especially by “electronic ban breakers” (in the case of Karla Homolka, for example), it is interesting to see yet another case where various traditional media sought to strike down a provision of the Criminal Code dealing with the publication of evidence heard in bail proceedings.

La Belle Province? Developments in Alberta Language Rights Cases

By Jennifer Koshan

On September 8, 2008

In Constitutional, Human Rights

Cases Considered: R. v. Caron, 2008 ABPC 232

Caron v. Alberta (Human Rights and Citizenship Commission), 2008 ABCA 272.

PDF Version: La Belle Province? Developments in Alberta Language Rights Cases

On August 18, 2008 the Alberta Provincial Court posted its long awaited decision in the case of Gilles Caron. Caron was charged under an Alberta regulation with making an unsafe left turn, and sought to defend on the basis of a violation of his language rights, arguing that Alberta legislation is invalid because it is not enacted in both English and French. His case was initially fought on the issue of whether he was entitled to an interim costs award to permit him to pursue his constitutional challenge in the absence of funding from the Court Challenges program (see my earlier posts on this issue: Special Enough? Interim Costs and Access to Justice and Stay Of Interim Funding Denied In Language Rights Case). In a 96 page decision written in French, Judge L.J. Wenden of the Alberta Provincial Court found in favour of Caron’s language rights claim and accordingly dismissed his traffic offence (2008 ABPC 232).

Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

By Nickie Nikolaou

On August 21, 2008

In Constitutional, Oil & Gas

Cases Considered: Domke v. Alberta (Energy Resources Conservation Board), 2008 ABCA 232.

PDF Version: Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

In a break from what seemed to be a growing trend, Mr. Justice Keith Ritter has refused leave to appeal to a group of landowners with respect to an Energy Resources Conservation Board (“ERCB”) decision. Perhaps because of the unfortunate result in Graff v. Alberta (Energy and Utilities Board), 2008 ABCA 119 (see my post on this decision ), Justice Ritter focused on one component of the test for leave – whether the appeal was prima facie meritorious – and dismissed the application. He looked at the facts and at the evidence and decided there was no merit to any of the proposed grounds of appeal. While it is hard to quarrel with all of Justice Ritter’s conclusions, ultimately his decision raises some troubling questions about procedural fairness and the ability of landowners to participate effectively in ERCB proceedings.

No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case

By Jennifer Koshan

On August 9, 2008

In Aboriginal, Constitutional

Cases Considered: R. v. Nest, 2008 ABQB 323

PDF Version: No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case

Donald Marshall, David Milgard, and Guy Paul Morin are the troika of wrongful conviction cases in Canada, bringing to mind overzealous prosecution of innocent persons and the compensation required to right those wrongs. But what about the opposite scenario, where the failure to prosecute is alleged to constitute a rights infringement deserving of compensation? This was the argument made by the claimants in a recent Alberta case.

Category: Constitutional Page 71 of 74

Lawyers, Clients, Parties and the Right to Counsel

Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

La Belle Province? Developments in Alberta Language Rights Cases

Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

No Costs Awarded for Failure to Prosecute Aboriginal Fishing Rights Case