In the courts
By Gary McCuaig
You may not like a court
decision, but you can’t ignore it
A mother of young triplets lost a custody trial to the father. She failed to return the children to the father after an access visit. Some months later, she was found with the children in Mexico. She was charged with abduction.
She testified that she thought her children were facing imminent psychological and emotional harm because they were going to be raised by caregivers and without a mother. The court ultimately held that this fear could not provide evidence of a defence of necessity. This defence was not meant for situations where one of the parties was unhappy with a Court order regarding custody and access. Such orders have to be respected and followed.
R. v. C.A.V.
Ontario Court of Appeal
August 26, 2003
Don’t run from the police
A driver was stopped at a random checkstop at 2 a.m. The police found that the licence plate was improper. The driver could not produce his documents. When the driver did not turn off his car as requested to do so, the officer reached in to shut it off. The driver sped off with the officer hanging on. He was dragged for four blocks at a high rate of speed. The officer was able to free himself and fell to the road. The driver kept going but was finally stopped by the use of a spike belt. The driver had significant related driving and criminal records and had just finished his last sentence days before. He was sentenced to five years in jail, having shown disregard for the lives and safety of others.
R. v. BRETON
Alberta Court of Appeal
December 2, 2005
Lawyers don’t have to like each other
Before the trial, defence counsel applied to the court to have a prosecutor removed from the case and replaced by another. Defence counsel and the original prosecutor had gotten into an argument on a previous case. Defence counsel had filed a complaint against the prosecutor with the Law Society. This complaint had not been dealt with by the time this trial was to be held.
Here, the court found that there was no basis on which to justify a change in prosecutors. The judge also noted that “a lot of lawyers represent other sides in cases and don’t like each other very much.”
R. v. BRENDAN DESJARDANS
Alberta Court of Queen’s Bench
June 15, 2004
New Provincial Court Judges
New Assistant Chief for Edmonton’s Family and Youth Court
Judge Jack Easton was appointed to the bench in 1995. He graduated from the University of Alberta law school in 1969 and spent many of his years in practice doing commercial law. He has served in Family and Youth court since his appointment.
New Provincial Court judges appointed in courts across the province
Calgary Civil – Judge Brian O’Ferrall received his law degree from the University of Alberta in 1973 and has practiced extensively in the area of oil and gas and environmental law. He was Chairman of Calgary’s first Law Day in 1983, is a past-editor of the Law Society/Canadian Bar Association newsletter.
Edmonton Criminal – Judge Robert Philp graduated law school from the University of Alberta in 1975, and has made a significant contribution to the legal community as a founding Vice President of the Alberta Civil Trial Lawyers Association and as a member and Director of the Law Society Assist program.
Fort McMurray – Judge James Jacques graduated law school from the University of Alberta in 1978. The focus of his practice has been criminal law and while serving as a Crown prosecutor he has participated on several committees working to improve the administration of justice in Alberta.
Grande Prairie – Judge James Watson graduated law school from the University of Alberta in 1970. His early practice emphasized family and criminal law. In recent years, he has practiced exclusively in criminal law, serving as defense counsel in more than 30 murder trials.
Peace River – Judge Bill Paul received his law degree from the University of Alberta in 1980. He has a broad range of experience, working in civil and criminal litigation as well as corporate and commercial law.
Calgary Master in Chambers – Master Judith Hanebury worked in the field of environmental law for much of her career with additional experience in litigation. She has published several articles and volunteers with many community and environmental organizationans.
