The National Post recently ran a feature choosing different election theme songs for the federal political parties (see http://www.nationalpost.com/news/story.html?id=822081). Critics of Alberta’s dismal turnout on voting day (52.9% of eligible voters) might suggest that the election itself deserved its own theme song in this province – Pink Floyd’s “Comfortably Numb” comes to mind, or perhaps “I’m Only Sleeping” by the Beatles (I am dating myself here – other suggestions welcome). This complacence is troubling in light of the fact that many issues of potential concern to Albertans were discussed during the election, some of which we explored in constitutional law this term.
Category Archives: Criminal
Lawyers, Clients, Parties and the Right to Counsel
Cases Considered: R. v. Karmis, 2008 ABQB 525
PDF Version: Lawyers, Clients, Parties and the Right to Counsel
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
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.
Family Violence Cases in Alberta: A Snapshot
Cases Considered: M.E.B. v. C.W.M., 2008 ABQB 484; N.L.B. v. K.G.C., 2008 ABQB 485; R. v. M.S., 2008 ABQB 488; K.F. v. A.F., 2008 ABQB 496.
PDF Version: Family Violence Cases in Alberta: A Snapshot
In a one week period in August, four decisions concerning family violence were posted on the Alberta Courts website, all written by Justice Donald Lee of the Alberta Court of Queen’s Bench. This is certainly the highest number of cases posted in this area in one week since ABlawg began systematically reviewing Alberta court decisions in the fall of 2007. Three of the four decisions (M.E.B. v. C.W.M., 2008 ABQB 484; N.L.B. v. K.G.C., 2008 ABQB 485; and K.F. v. A.F., 2008 ABQB 496) arose under Alberta’s Protection Against Family Violence Act, R.S.A. 2000, c. P-27 (PAFVA), and the fourth dealt with a criminal matter (R. v. M.S., 2008 ABQB 488). This post will consider whether these cases, even though they are a very small sample, are representative of family violence matters coming before the Alberta courts. Statistics Canada undergoes a similar exercise each year when it gathers statistics on women’s shelters in a one day period as a snapshot of overall trends (see for example http://dsp-psd.pwgsc.gc.ca/collection_2007/statcan/85-002-X/85-002-XIE2007004.pdf).
Infidelity Does Not Necessarily Amount to Provocation
Cases Considered: R. v. Tran, 2008 ABCA 209
PDF Version: Infidelity Does Not Necessarily Amount to Provocation
Domestic violence remains a terrible problem in Canadian society, and Alberta has one of the highest rates in the country (Karen Mihorean, Family Violence in Canada: A Statistical Profile 2005 (Ottawa: Minister of Industry, 2005) at 15). Over the past 30 years, legislators, courts and law enforcement officers have generally progressed from treating such violence as a private matter, to confirming that it is as serious as other violence, and finally, to considering the family context as an aggravating circumstance. When domestic violence leads to death, however, perpetrators can argue a provocation defence just as they could in any murder trial. If successfully argued, provocation will reduce a charge of murder to manslaughter. In its recent decision in R. v. Tran, the Alberta Court of Appeal held that infidelity will not necessarily lead to a successful provocation defence in such cases.