Category Archives: Provincial Court

The Saga of the Intoxication Defence Continues: Desjarlais and its Application to Uttering Threats

By: Dylan Finlay PDF Version: The Saga of the Intoxication Defence Continues: Desjarlais and its Application to Uttering Threats Case Commented On: R v Desjarlais, 2016 ABPC 182 (CanLII) The defence of voluntary intoxication holds an awkward place in Canadian criminal … Continue reading

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Statutory Interpretation and the Traffic Safety Act

By: Shaun Fluker PDF Version: Statutory Interpretation and the Traffic Safety Act Case Commented On: R v Kirollos, 2015 ABQB 474 Anyone who drives a vehicle in Alberta knows the law requires the vehicle be registered and insured. The two … Continue reading

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Provincial Court Small Claims Appeals: When is an appeal by way of trial de novo appropriate?

Cases Considered: Rezources Inc. v. Gift Lake Development Corp., 2008 ABQB 254 PDF Version:  Provincial Court Small Claims Appeals: When is an appeal by way of trial de novo appropriate?  Section 51 of the Provincial Court Act, R.S.A. 2000 Ch. … Continue reading

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Provincial Court Judges’ Professional Allowances and Judicial Independence

Cases Considered: Reilly v The Chief Judge of the Provincial Court of Alberta, 2008 ABCA 72, PDF Version: Provincial Court Judges’ Professional Allowances and Judicial Independence Provincial Court Judge John Reilly requested the approval of the Chief Judge of the … Continue reading

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The Shotgun Approach to Judicial Review

Cases Considered: Weir v. Canada (Registrar of Firearms), 2008 ABPC 18, Woodcock v. Canada (Registrar of Firearms), 2008 ABPC 19 PDF Version: The Shotgun Approach to Judicial Review These two almost identical judgments of Provincial Court Judge Bruce R. Fraser … Continue reading

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