R v Shoemaker: Alberta Court of Appeal Tells Corrections Canada to Follow Its Own Rules

By: Amy Matychuk

PDF Version: R v Shoemaker: Alberta Court of Appeal Tells Corrections Canada to Follow Its Own Rules

Case Commented On: R v Shoemaker, 2019 ABCA 266 (Can LII)

In R v Shoemaker, Justices Marina Paperny, Frans Slatter, and Kevin Feehan for the Alberta Court of Appeal (ABCA) overturned Alberta Court of Queen’s Bench (ABQB) Justice K. D. Yamauchi’s decision dismissing Mr Shoemaker’s application for habeas corpus. Mr Shoemaker applied for habeas corpus after he was involuntarily transferred from the medium and minimum security Drumheller Institution to the maximum security Edmonton Institution. The ABCA held that Mr Shoemaker did not have a reasonable opportunity to prepare and provide representations responding to the reasons for his transfer or to seek the assistance of legal counsel. He was denied these opportunities because Correctional Service Canada (CSC) did not follow the procedural safeguards for inmates as set out in the Corrections and Conditional Release Act, SC 1992, c 20 (CCRA), the Corrections and Conditional Release Regulations, SOR/92-620 (CCRR), and CSC’s internal directives. This post is part of my ongoing series on habeas corpus litigation in Alberta. For more background, see my previous posts from May 2017, July 2017, and February 2018. Continue reading →

Application for Mistrial and Judicial Recusal Denied

By: Serena Eshaghurshan

PDF Version: Application for Mistrial and Judicial Recusal Denied

Case Commented On: R v JNS, 2019 ABQB 557 (Can LII)

In July 2019, the Honourable Mr. Justice Steven N. Mandziuk of the Court of Queen’s Bench of Alberta (ABQB) heard an application for a mistrial and his recusal as the presiding judge over a criminal matter. The Applicant, JNS, sought the remedy due to Justice Mandziuk presiding over both his child support case and his criminal trial. Justice Mandziuk declared that there was no evidence or appearance of judicial bias and dismissed the application. Continue reading →

Bill C-77 and the Quiet Revolution in Military Justice

By: Jeffrey N. Westman

PDF Version: Bill C-77 and the Quiet Revolution in Military Justice

Statute Commented On: Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, SC 2019, c 15

The Governor General might be forgiven for having a touch of writer’s cramp at dinner time on June 21, 2019. In the Upper Chamber that day, Her Excellency gave Royal Assent to 20 bills. Bills C-48 and C-69 got plenty of media attention, but Bill C-77 seemed to pass without much fanfare despite its significance for the future of military justice in Canada. Continue reading →

Open Access: A Request to the Alberta Court of Appeal

By: Admin

PDF Version: Open Access: A Request to the Alberta Court of Appeal

Matter Commented On: Reference re Greenhouse Gas Pollution Pricing Act (Alberta)

There is considerable public interest in questions as to the validity of the federal Greenhouse Gas Pollution Pricing Act, SC 2018, c 12, s 186 (GGPPA) and the References that have been made to different provincial Courts of Appeal. We now have judgments rendered by both the Saskatchewan and Ontario Courts of Appeal upholding the federal government’s GHG pricing regime: Reference re Greenhouse Gas Pollution Pricing Act, 2019 SKCA 40 (CanLII) and Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 (CanLII). Appeals are pending in each of these cases. Continue reading →

The Bill 12 “Turn off the Taps” Litigation: Justice Hall Orders a Stay in BC’s Action

By: Nigel Bankes

PDF Version: The Bill 12 “Turn off the Taps” Litigation: Justice Hall Orders a Stay in BC’s Action

Case Commented On: British Columbia (Attorney General) v Alberta (Attorney General), 2019 ABQB 550

This decision concerns Preserving Canada’s Economic Prosperity Act, SA 2018, c P-21.5 also known as the “Turn Off the Taps” legislation. I commented on Bill 12 here and commented on the decision of the Kenney Government to bring this legislation into force here. The decision to bring the legislation into force prompted the Attorney General of British Columbia (AGBC) to renew its application to the Alberta Court of Queen’s Bench to have the legislation declared unconstitutional. The Attorney General Alberta (AGAB) responded by bringing an application to strike BC’s application on the basis that the AGBC had no standing to sue for a declaration as to the constitutional invalidity of Alberta legislation. This is Justice Robert Hall’s decision on that application. Continue reading →