The Increasing Risk of Conflating Self-Represented and Vexatious Litigants

By: Jonnette Watson Hamilton PDF Version: The Increasing Risk of Conflating Self-Represented and Vexatious Litigants Case Commented On: Alberta Treasury Branches v Hawrysh, 2018 ABQB 475 (CanLII) (Hawrysh #1) and Alberta Treasury Branches v Hawrysh, 2018 ABQB 618 (CanLII) (Hawrysh #2) The August 20th decision of Justice Peter Michalyshyn in Hawrysh #2 was step two […]

When Three Rights Make a Wrong?

By: Erin Sheley PDF Version: When Three Rights Make a Wrong? Case commented on: R v Oakes, 2016 ABCA 90 R v Oakes raised the specter always haunting the edges of criminal procedure: what happens when a procedurally fair trial turns out, after the fact, to have produced an unfair conviction? Connie Oakes was convicted of […]

A “Convicted Terrorist” By Any Other Name

By: Maureen Duffy PDF Version: A “Convicted Terrorist” By Any Other Name Cases Generally Considered: Pelham, Warden of the Bowden Institution, et al. v. Khadr, No. 36081 (Alberta) (Criminal) (SCC, By Leave); Bowden Institution v Khadr, 2015 ABCA 159; Khadr v Bowden Institution, 2015 ABQB 261; Canadian Broadcasting Corporation v Warden of Bowden Institution, 2015 […]

Access to Justice and Human Rights Cases

PDF version: Access to Justice and Human Rights Cases  Case Considered: McClary v Geophysical Services Inc., 2011 ABQB 112 Not being able to afford legal representation occurs quite frequently in civil and criminal legal cases. Some individuals choose to self-represent-either because they cannot afford legal counsel, or because they want to present their own cases. […]

The Third Time Is the Charm? The Ongoing Litigation Regarding Omar Khadr

PDF version: The Third Time Is the Charm? The Ongoing Litigation Regarding Omar Khadr Case considered: Khadr v. Canada (Prime Minister), 2010 FC 715. Omar Khadr, perhaps the most controversial of the detainees at the U.S. naval base at Guantanamo Bay, Cuba, has won another round, in the Federal Court of Canada, in his ongoing quest […]