Constitutional Challenge to Gang-Affiliation Law Scores (Interim) Win

By: Sarah Burton

PDF Version: Constitutional Challenge to Gang-Affiliation Law Scores (Interim) Win

Case Commented On: Barr v Alberta (Attorney General), 2016 ABQB 10

Last spring, I posted a comment flagging the constitutional concerns surrounding section 69.1 of the Gaming and Liquor Act, RSA 2000, c G-1, the province’s gang affiliation law (here). The provision authorizes police officers to remove or exclude anyone from a licenced premises based on their belief that the target of removal is connected, in varying degrees, to a gang (see section 69.1 here). Failing to comply with this direction is an offence punishable by a fine and/or a maximum of 6 months in prison (Gaming and Liquor Act, sections 116, 117; Barr v Alberta (Attorney General), 2016 ABQB 10 at para 3).

The gang affiliation law is meant to protect bar owners by diminishing gang presence in bars and de-incentivizing the lifestyle to potential recruits (Barr at para 6). Despite this laudable goal, the law raises several red flags under the Charter: it appears overbroad both in its sphere of application (it applies not only to bars, but all licenced premises) and targets for removal (including not only gang members, but persons who support or facilitate gangs, or persons in the company of any of those persons). It also appears to contravene the Charter’s guaranteed freedoms regarding peaceful assembly and association. I encourage readers interested in the provision to read my earlier post here.

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News from the Canadian Law and Society Association

By: Lyndsay Campbell

On January 16 & 17 the Canadian Law and Society Association (CLSA) held its midwinter meeting in Waterloo, Ontario. This small conference featured a variety of panels, on topics ranging from legal identities and legal pluralism to AirBnB and Uber, the duty to consult, aboriginal title, legal education, and the corporation.

The CLSA is currently gearing up for its main annual conference, to be held May 28-30 at the University of Calgary as part of the Congress of Social Sciences and Humanities 2016. Our meeting overlaps with that of the Canadian Association of Law Teachers (CALT, May 30-31) and, as well, a one-day interdisciplinary symposium on social justice (May 28) entitled “Building A2SJ: An Interdisciplinary Conversation about Problems and Solutions.” Our founding dean, John McLaren, has agreed to give a keynote address at the jointly held CLSA-CALT banquet on May 31. Calls for papers for the CLSA and CALT conferences are available here and here (note proposals are due January 31), and registration for Congress is now possible via the link here.

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Canada-Iran Relations: Sanctions, Diplomatic Relations, Booby-Traps and the Law

By: Michael Nesbitt

PDF Version: Canada-Iran Relations: Sanctions, Diplomatic Relations, Booby-Traps and the Law

This week, it was reported that Canada’s Foreign Minister Stephane Dion and the Liberal government were considering lifting sanctions on Iran and re-establishing diplomatic relations between the two nations. The quandary here – to lift or not to lift, to engage or not to engage – has been foreseeable for some time: I wrote an op-ed in the Globe & Mail back in July warning the next government that they would have to be prepared to act, and act quickly, once the US lifted its sanctions on Iran (see here).

The repercussions of Canada’s delay for Canadian business are immense: Our companies do not want to be left behind as Iran’s enormous emerging market – 80 million people with a dilapidated infrastructure and close connection to a large Diaspora in Canada – begins to open up to the rest of the world. There is no such thing as a second-movers advantage.

But Canada’s business interests are not the only consideration here, even in our struggling economy; Canada’s national security regime is also implicated and the situation is both complicated and controversial.

Let’s start with a reminder of why Iran sanctions are now in the news before getting into the commentaries that have recently set off a debate in Canada.

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Catch Me If You Can

By: Theresa Yurkewich

PDF Version: Catch Me If You Can

Case Commented On: R v Sandhu, 2015 ABQB 827

Mr. Sandhu, the respondent and an Uber driver, was charged with operating a business without a license (City of Edmonton, Bylaw No 13138) as well as operating a vehicle for hire without a taxi plate (City of Edmonton, Bylaw No 14700). His charges arose as part of an undercover sting, carried out by the City of Edmonton, into suspected Uber drivers. Mr. Hykawy, a municipal enforcement officer, downloaded the Uber application and used it to locate a vehicle which happened to be operated by Mr. Sandhu. Mr. Hykawy’s volunteer, Ms. Lenz, then approached Mr. Sandhu’s vehicle and confirmed Mr. Sandhu was operating as an Uber driver. She advised him that her Uber app was not working and then offered him a cash payment for a ride.

At trial, the Commissioner limited the issue to whether on the day in question, at the moment in question, Mr. Sandhu was committing one of the two offences. Commissioner Yaverbaum indicated that he must decide whether there was a sale or not and further, whether there was actual acceptance by taking cash to provide services. As such, he limited the scope of the Crown’s cross-examination of Mr. Sandhu to the transaction that occurred between him and Ms. Lenz.

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Supreme Court of Canada Hears Appeal in Alberta Infanticide Case

Case Commented On: R v MB, 2015 ABCA 232, appeal as of right (SCC)

Today the Supreme Court of Canada is hearing the appeal in R v MB, 2015 ABCA 232, concerning the proper interpretation of infanticide in section 233 of the Criminal Code, RSC 1985, c C-46. Section 233 provides as follows:

A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

For Lisa Silver’s post on the Alberta Court of Appeal decision, see here. Lisa also gave an interview on the appeal this morning on CBC Calgary’s Eyeopener.

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