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61931.00This collection of papers, prepared by Alberta Court of Appeal staff and presented in 2014, represents essential information for anyone working in a supporting role to appellate counsel. Included are: Overviews of the Rules of Court relating to appeal records, factums, extracts of key evidence, and books of authorities, scheduling appeals, applications before a single judge or a panel, and prescribed forms. There is also information on changes to the Consolidated Practice Directions, counting time under the Rules and filing deadlines for standard, fast track, conviction and sentence appeals. Helpful checklists, charts and samples are included.
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61955.06This paper examines the Conservative government’s “tough on crime” agenda and its legislation. After providing background information, the author discusses several issues in the context of the new “tough on crime” platform, including the principle of proportionality, restraint, parity in sentencing, mandatory minimums, victim fine surcharges, capping enhanced credit, and the deprivation of parole eligibility. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.05This paper is organized around the following questions: When are investigators allowed to search a digital electronic device? Are there special warrant requirements for these kinds of searches? Can the police rely on the power of search incident to arrest to examine a digital device such as a cell phone? After using case studies to ground his analysis, the author concludes with thoughts regarding the future of digital evidence in the court. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.04Both papers in this set examine the S.C.C. decision in Tsilhqot’in Nation v British Columbia. The first paper examines the idea that the decision in Tsilhqot’in provides some guidance at the level of general principle, but that the actual working of the “new constitutional order” will take some time to settle. The author looks at issues surrounding the scope of aboriginal title, whether aboriginal title is Crown land, the interjurisdictional immunity and the Sparrow justification analysis discussed by the court in Tsilhqot’in, the intersection of aboriginal rights and charter rights. The author ends with a discussion of some practical implications of the decision in Tsilhqot’in. The second paper complements the first, with more commentary on why Tsilhqot’in is an important decision, and its implications. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.03This paper focuses on the constitutional doctrine at work in Canada (Attorney General) v Bedford. Following an overview of the Bedford decision and a brief discussion of the threshold issues of “security of the person” and “legislative causation”, the author offers a theory of fundamental justice, before providing an account of the constitutional principles against arbitrariness, overbreadth, and gross disproportionality. This paper concludes with some reflections on the possible revitalization of s 1 of the Charter in s 7 cases. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.02This paper presents a comprehensive review and critique of the Supreme Court of Canada’s adverse effects discrimination jurisprudence. Using various case studies like Andrews v Law Society of British Columbia, Eldridge v British Columbia (Attorney General), Vriend v Alberta, Taypotat v Taypotat, and Carter v Canada (Attorney General), this paper begins by exploring both the history and current framework of the Court’s s 15 jurisprudence. The authors go on to review the Supreme Court’s adverse effects discrimination cases in the context of three different analytical approaches to s 15(1). Lastly, they focus on Carter, seen as the newest challenge to the constitutionality of the criminal prohibition against assisted suicide, and which is about to be heard by the Supreme Court. The authors conclude by contemplating the way forward for adverse effects claims. A list of S.C.C. s. 15(1) equality cases is attached. This paper was presented at the Constitutional Law Symposium in October 2014.
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61955.01This paper discusses the current legal and ethical landscape surrounding end-of-life medical practice through the lens of s 7 of the Charter. Using Carter v Canada (Attorney General) to foreground her analysis, the author begins by outlining the Charter jurisprudence on physician-assisted suicide in Canada before turning to the practical legal and ethical considerations at play in end-of-life medical care. After this discussion – where the author defines various treatment options and implications of current legally acceptable end-of-life practices – the author concludes by considering the upcoming Supreme Court hearing involving these issues. This paper was presented at the Constitutional Law Symposium in October 2014.
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61925.00Prepared by two experienced practitioners, this package of papers provides an overview of judicial review. It includes practical considerations for the process, the relevant Rules of Court (and procedure applicable to judicial review), the standards of review, and the limitations on tribunals and their counsel before the courts. Precedents are included.This paper was presented at the Fundamentals of Judicial Review seminar in September 2014.
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61887.14As Binnie J once said, the difference between a factum and an oral argument is that the factum gives a lawyer a crack at the court, but an oral argument gives the judges a crack at the lawyer. This paper discusses important issues for anyone preparing for an oral argument before the Court of Appeal. Details include: how to properly prepare for oral argument, making a good delivery, including tips on making the best points first, when and how to answer questions from the court, and handling any hypothetical questions and analogies. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.03Acknowledging the popularity of ADR, this author suggests that resolution under these processes can be hindered by a lack of advocacy in the dispute resolution. She offers some tips and traps for the lawyer participating in ADR to ensure the most favourable results. Details include: choosing the most appropriate form of ADR, preparing written materials, preparing the client, and conducting oneself at the ADR proceeding itself. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.02This author focusses on the role of alternative dispute resolution (ADR) within organizations. After looking at the elements of an ADR system, she moves on to what an ADR looks like within an organization, providing practical advice for both in-house and outside counsel. In addition to a thorough bibliography, the author also provides useful visuals such as a concern handling workflow chart and a sample tracking report. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
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61887.01This paper reviews some of the fundamental concepts of mediation before offering ideas, observations, and analysis aimed at advancing the mediation cause in a positive direction. Grounding his discussion in a fusion of theory and practice, the author introduces useful and progressive articles and books on the subject of mediation. Some of the many topics covered include psychological considerations in dispute context, autonomy/self-determination, theory versus practice, and preparation for advocacy. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
