ABLawg

By: Shaun Fluker

PDF Version: Proportional Sentencing for Impaired Driving Causing Death: The Tragic Death of Brandon Thomas

Case Commented On: R v Gibson, 2015 ABCA 41

On the evening of December 6, 2012, Ryan Gibson was intoxicated and driving a truck on highway 22 south of Cochrane. He moved into the northbound lane to pass 2 semi tractor-trailers and after passing them he did not move back into the southbound lane. He continued to travel at highway speed on the wrong side of the highway, and subsequently struck 3 oncoming vehicles. After side swiping and striking the first 2 vehicles, Gibson’s truck collided head-on with the car being driven by 17 year-old Brandon Thomas who lived in Cochrane. Brandon Thomas died at the scene as a result of the collision. Gibson pled guilty to impaired driving causing death and one count of impaired driving causing bodily harm. In May 2014 the sentencing judge rejected a joint submission by the Crown and defence for a 2 year custodial sentence and instead imposed a sentence of 2 years and 8 months imprisonment. In R v Gibson, 2015 ABCA 41, the Alberta Court of Appeal has dismissed an appeal by Gibson who argued the sentencing judge erred by rejecting the joint submission on sentencing.

Civil Liberties Association Holds Public Consultation on Gay-Straight Alliances in Schools

By Sarah Burton

On February 4, 2015

In Human Rights

By: Sarah Burton

PDF Version: Civil Liberties Association Holds Public Consultation on Gay-Straight Alliances in Schools

Consultation Commented On: Rocky Mountain Civil Liberties Association, Consultation on Gay Straight Alliances, January 27, 2015

The Rocky Mountain Civil Liberties Association (RMCLA) recently conducted public consultations to continue Alberta’s ongoing conversation about Gay Straight Alliances (GSAs) in schools. This post discusses the main themes revealed at the public consultation held at the University of Calgary on January 27, 2015.

Background

In December 2014, the Prentice government introduced Bill 10: An Act to Amend the Alberta Bill of Rights To Protect Our Children, 3^rd Sess, 28^th Leg, 2014 (Bill 10) in response to public pressure driven by Liberal Private Members’ Bill 202, the Safe and Inclusive Schools Statutes Amendment Act. Without rehashing the details (which were discussed in an earlier post here), Bill 10 permitted school boards to deny a student’s request to create a GSA, and gave recourse to the Minister of Education in the event of such a denial. Amid a growing wave of public scrutiny, on December 4, 2014 Bill 10 was “put on hold for more consultation”.

Judicial Interventions and Rape Myths: Differing Approaches at the Alberta Court of Appeal

By Jennifer Koshan

On February 3, 2015

In Criminal, State Responses to Violence

By: Jennifer Koshan

PDF Version: Judicial Interventions and Rape Myths: Differing Approaches at the Alberta Court of Appeal

Case Commented On: R v Schmaltz, 2015 ABCA 4

A decision from the Alberta Court of Appeal has garnered attention from the media (see here and here) for its contribution to recent debates about rape culture and rape myths. In the context of discussions about Ghomeshi (see here and here), Cosby, Dalhousie and the ongoing challenges that prevent many women from coming forward with complaints about sexual assault and harassment, the Court of Appeal has weighed in on the role that judges can play in curtailing the perpetuation of rape myths in the courtroom. In R v Schmaltz, 2015 ABCA 4, the majority (Justices Russell Brown and Thomas Wakeling) ordered a new trial based on their view that the trial judge had gone too far in limiting cross-examination of the complainant. Justice Marina Paperny, writing in dissent, would have dismissed the appeal and upheld the conviction of the accused.

A Constitutional Right to Free Transcripts?

By Sarah Burton

On January 29, 2015

In Access to Justice

By: Sarah Burton

PDF Version: A Constitutional Right to Free Transcripts?

Case Commented On: Taylor v St. Denis, 2015 SKCA 1

Last fall, the Supreme Court of Canada found a hearing fee scheme unconstitutional because it prevented people from accessing courts (see Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2014 SCC 59 (Trial Lawyers)). In Taylor v St. Denis, 2015 SCKA 1 (St Denis), the Saskatchewan Court of Appeal was asked to extend this reasoning to exempt a self-represented litigant from the cost of mandatory trial transcripts. The Court declined this request, choosing instead to distinguish the landmark Supreme Court decision. Unfortunately, the decision in St Denis was impacted by deficits in the applicant’s evidence and arguments. Despite these shortcomings, St Denis serves as a useful indicator to highlight how the Supreme Court’s decision will function as a future precedent.

University of Calgary is the Place to be for Environmental Law in 2015

By Martin Olszynski

On January 28, 2015

In Environmental

By: Martin Olszynski, Scott Allen and Allan Ingelson

PDF Version: University of Calgary is the Place to be for Environmental Law in 2015

Conferences Commented On: 2015 CAELS Conference: “Igniting a Spark”; CIRL/CBA NEERLS Symposium on Environment in the Courtroom; JELP 5: “Après le Deluge”

When it rains, it pours. And so it is that the first half of 2015 has the University of Calgary Faculty of Law hosting a series of national environmental law conferences.

2015 Canadian Association of Environmental Law Students (CAELS) Conference: “Igniting a Spark”, February 13 & 14, 2015

Formed in Ottawa a couple of years ago by the membership of the-then University of Ottawa Environmental Law Students Association, CAELS is a networking body connecting environmental law students across Canada. This past year, responsibility for organizing CAELS’ annual conference was transferred to the University of Calgary’s Environmental Law Society (ELS).