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Topic: Alberta Court of Appeal

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	Alberta Court of Appeal - Wikipedia, the free encyclopedia
		The Alberta Court of Appeal is the highest court in Alberta.
		It hears appeals from the Alberta Court of Queen's Bench, the Provincial Court of Alberta, and administrative tribunals, as well as references from the Lieutenant Governor.
		Courts of Appeal of the Provinces and Territories:
	en.wikipedia.org /wiki/Alberta_Court_of_Appeal (129 words)

	The appeal process - Law Enforcement Review Board - Alberta Solicitor General and Public Security Home
		Appeals must be filed within 30 days from the time the police service provided their decision to the aggrieved person.
		In regard to appeals by members of the public, this means that the person who filed the appeal must satisfy the board that the allegations of complaint are established by sufficient evidence.
		Leave of the Court is required for an appeal to the Alberta Court of Appeal.
	www.solgen.gov.ab.ca /lerb/appeal_process.aspx (568 words)

	Alberta Human Rights & Citizenship Commission - AHRIS November 1, 2005
		The Court of Appeal held that the chief commissioner’s decision was reasonable and accordingly dismissed the appeal.
		The court commented that the chief commissioner and the investigator were reasonably entitled to attach some significance to the complainant’s refusal to allow the investigator to interview the complainant’s physician regarding a possible medical link to the complainant’s body odour.
		The Court of Queen’s Bench found that the policy was discriminatory on its face, however, it decided that the policy was a necessary requirement for the job in the case of this community, where drug and alcohol abuse and dependency were a serious community problem.
	www.albertahumanrights.ab.ca /publications/AHRIS/Nov_1_2005.asp (2448 words)

	Alberta Corporate Tax Act - Information Circular CT-8R2
		It also may not appeal with respect to issues that did not give rise to the assessment in dispute, nor to issues that were already conclusively determined by the courts.
		An appeal is instituted by serving two copies of a Notice of Appeal on TRA by certified or registered mail, together with a copy of the Notice of Objection.
		Notice of the appeal must be filed with the clerk of the judicial district in which the proceedings were carried on and with the appropriate office of Registrar of the Court of Appeal.
	www.finance.gov.ab.ca /publications/tax_rebates/corporate/ct8.html (2141 words)

	Case Profiles of O'Brien Devlin Markey Macleod Law Firm
		The Court upheld the constitutionality of the provision of the Criminal Code authorizing such a conviction, but left it open for an accused to argue that in his specific case an exemption from the mandatory penalty could be possible if it was deemed to be cruel and unusual punishment contrary to the Charter of Rights.
		Lecaine (1990) 104 A.R. 175 (Alta Q.B.); 105 A.R. 261 (Alberta Court of Appeal)
		The Court of Appeal upheld the sentence imposed stating that factors such as "provocation" are highly relevant to the appropriate sentence to be imposed.
	www.obriendevlin.com /caseprofiles.htm (3028 words)

	Canada, Vriend v. Alberta
		Summary: This is an appeal from a 2-1 decision of the Alberta Court of Appeal.
		The majority of the Court find that the history of the IRPA, and of unsuccessful efforts at reform, indicates that the omission of sexual orientation was deliberate and was not the result of an oversight by the Alberta Legislature.
		The Court also finds that this appeal does not represent a contest between the power of the democratically elected legislatures to pass laws, and the power of the Courts to disallow those laws or to dictate that certain matters be included in those laws.
	www.hrcr.org /safrica/equality/vriend_alberta.html (1480 words)

	Ontario Court of Appeal - Wikipedia, the free encyclopedia
		The Ontario Court of Appeal is headquartered in downtown Toronto, in historic Osgoode Hall.
		These appeals are of various issues such as criminal, administrative, family, and criminal law matters, along with principals of Charter, litigation, sentencing and the rules of evidence.
		In ninety-eight percent of cases, the Court of Appeal is the last avenue of appeal for litigants in the province.
	en.wikipedia.org /wiki/Ontario_Court_of_Appeal (222 words)

	The National Center for State Courts - Home Page
		To prepare for an appeal, the judge typically reads carefully the written argument of both parties to the appeal, the relevant cited authorities, and the relevant reasons for decision or decisions or jury charge of the trial court.
		In that regard, the court started with the great advantage of the cooperation of the "official" court stenographers, called in Alberta the "Court Reporters." This office was charged with recording trial proceedings by tape or shorthand typewriter and producing paper transcripts when requested.
		The implementation of electronic appeal books was undertaken to benefit the Court of Appeal of Alberta and litigants alike through reduced costs, easier material handling and storage, and improved access to, and manipulation of, evidence and argument.
	www.ncsconline.org /D_Tech/ctc/showarticle.asp?id=79 (6148 words)

	Alberta Human Rights & Citizenship Commission - Panel Decisions 2002
		On appeal by the government to the Court of Queen’s Bench, the Court upheld the Panel decision, finding the complainant established prima facie discrimination on the basis of an enumerated ground, and further finding the impugned regulation was discriminatory in its effect and was not reasonably justified.
		The Court further found the complainant was entitled to the difference in wages between the salary with the respondent and the salary with his new employment and to the difference in pension benefits, interest and costs.
		Appeal: The decision was appealed and upheld at the Court of Queen's Bench.
	www.albertahumanrights.ab.ca /legislation/appeals.asp (9462 words)

	LANCASTER HOUSE - Labour Employment and Human Rights Law Publishers
		Court appealed from and date of judgment: Judgment of the Alberta Court of Appeal dated November 22, 2002; Judgment of the New Brunswick Court of Appeal dated August 20, 2003; Judgment of the Ontario Court of Appeal dated October 29, 2003; Judgment of the Quebec Court of Appeal dated May 31, 2004
		The New Brunswick Court of Appeal adopted a deferential approach to the provincial government in applying the standard of "simple rationality." Based on the Judicial Remuneration Commission's first report in 1997, the province raised Provincial Court judges' salaries by 40 percent over three years.
		Supreme Court's decision (unanimous): The judges' appeals in the New Brunswick, and Ontario cases were dismissed, and the appeal of the judges in the Quebec case was allowed, as was the government's appeal in the Alberta case.
	www.lancasterhouse.com /supreme/recent_judges.asp (1028 words)

	Court system of Canada - Wikipedia, the free encyclopedia (via CobWeb/3.1 planetlab2.cs.unc.edu) (Site not responding. Last check: 2007-11-06)
		These courts are Canada's equivalent of the Court of Appeal in England and the various State Supreme Courts and US Courts of Appeals in the United States.
		The superior courts are the courts of first instance for divorce petitions, civil lawsuits involving claims greater than small claims, and criminal prosecutions for "indictable offences" (i.e.
		Judges of the Supreme Court of Canada, the federal courts, the appellate courts and the superior-level courts are appointed by the federal government.
	en.wikipedia.org.cob-web.org:8888 /wiki/Court_system_of_Canada (3595 words)

	Appeal Court rules Alberta Mountie who shot prisoner not exempt from jail (Site not responding. Last check: 2007-11-06)
		Constitutional law expert Sanjeev Anand said the Appeal Court's decision was the right one given that a majority of the Supreme Court of Canada has never ruled on the matter of whether constitutional exemptions are valid.
		The court upheld Latimer's 10-year minimum sentence for the second-degree murder of his disabled daughter, even though his lawyer had argued it would be cruel and unusual punishment to send him to prison.
		The court ruled in 2001 that the particular circumstances of Latimer's case and the fact he posed no threat to the public did not outweigh the need for the minimum sentence in denouncing the crime.
	www.canada.com /topics/news/national/story.html?id=3fc06314-c673-4e47-9d06-564bf47b25ea&k=26218 (649 words)

	[No title]
		The Court of Appeal hears appeals from the Court of Queen's Bench, the Provincial Court and administrative tribunals.
		The Court of Queen's Bench is the superior trial court for the province, hearing trials in civil and criminal matters.
		The Provincial Court of Alberta hears proceedings, applications and trials in their respective area of law, subject to any statutory limitations.
	www.albertacourts.ab.ca (93 words)

	Supreme Court of Canada - Decisions - Vriend v. Alberta
		WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all Albertans should share in an awareness and appreciation of the diverse racial and cultural composition of society and that the richness of life in Alberta is enhanced by sharing that diversity;
		Alberta Court of Appeal (1996), 181 A.R. McClung J.A. McClung J.A. held that the first question to be resolved was whether the IRPA is “answerable, as it stands” to the Charter (at p.
		She noted that the decision of the Court of Appeal had involved a 2‑1 split with three separate reasons for judgment, and that an important and novel point of law was at issue.
	scc.lexum.umontreal.ca /en/1998/1998rcs1-493/1998rcs1-493.html (10144 words)

	Alberta Union of Provincial Employees
		EDMONTON –; Alberta Union of Provincial Employees President Dan MacLennan said today the union will seek leave to appeal an Alberta Court of Appeal’s decision to uphold an imposed fine from May 2000’s provincial health care negotiations.
		The Court of Appeal’s 2-1 split decision upheld a lower court’s decisions against the union, but reduced the fine from $400,000 to $200,000.
		AUPE launched the appeal on Sept. 4, 2001, arguing that union lawyers had been denied the right to cross-examine witnesses or call their own witnesses and that the union had therefore not had the opportunity to properly defend itself.
	www.aupe.org /in_the_news/PR2002/june10.php (613 words)

	Alberta Laser Alignment Services Ltd. v. Scandinavian Grinding Mills (Site not responding. Last check: 2007-11-06)
		In the alternative, Alberta Power says that if there was an agreement between it and the plaintiff, the materials and services provided by the plaintiff were defective or not fit for their purpose.
		Alberta Power also defends on the basis that, if the liens are found to be valid, the amount calculable according to the Builders' Lien Act, R.S.A. 1980, c.
		The Alberta Court of Appeal in Chaba v.
	www.ucc.ie /ucc/depts/law/restitution/archive/canacases/alberta/alberta_laser.htm (1900 words)

	Alberta Union of Provincial Employees - AUPE will seek leave to appeal Court of Appeal ruling to Supreme Court
		That fine was later reduced by the Alberta Court of Appeal to $200,000.
		AUPE appealed the ALRB’s decision to the Alberta Court of Queen’s Bench, which in 2004 ruled in the union’s favour.
		Lawyers for the employers subsequently appealed the Court of Queen’s Bench decision, resulting in Tuesday’s ruling by the Court of Appeal.
	www.aupe.org /in_the_news/news.php?id=565 (489 words)

	Hasenuik (Estate) v. Ouellet
		Ouellet was not their father's common law spouse, or alternatively, if she was, that the court should not require that provision for her be made from the estate.
		Armstrong was overturned by the Alberta Court of Appeal: (1995) 130 D.L.R. (4th) 766.
		Rossu, the Court of Appeal went on to decide that the Domestic Relations Act discriminated against common law marriage partners in failing to extend to them the same support remedies that it extended to spouses.
	www.ucc.ie /ucc/depts/law/restitution/archive/canacases/alberta/hasenuik.htm (1730 words)

	Attorney General for Alberta v. Attorney General of Canada, 2000 SCC 31 (2000) (Site not responding. Last check: 2007-11-06)
		Alberta referred constitutional questions to the Court of Appeal to determine whether the licensing and registration provisions of the Firearms Act, as they relate to ordinary firearms, are intra vires Parliament.
		The chief firearms officer and the Registrar are explicitly subject to the supervision of the courts.
		APPEAL from a judgment of the Alberta Court of Appeal (1998), 219 A.R. 201, 65 Alta. L.R. (3d) 1, 164 D.L.R. (4th) 513, 19 C.R. (5th) 63, 128 C.C.C. (3d) 225, [1999] 2 W.W.R. No. 1028 (QL), upholding the constitutionality of the licensing and registration provisions of the Firearms Act.
	www.healylaw.com /cases/alberta.htm (14716 words)

	Investment Executive
		With two of the country’s appeal courts (the Alberta Court of Appeal and the B.C. Court of Appeal) making major decisions that are odds with each other, the Alberta decision will no doubt be appealed by the banks to the Supreme Court of Canada.
		The banks are expected to want to pursue their appeal of the Alberta decision based on the B.C. appeal court decision, which went in their favour.
		In Alberta, the banks sought a declaration that promoting insurance products by them and their agents should be considered “banking” under the Canadian constitution, and served a “Notice of Constitutional Question” on the government of Alberta.
	www.investmentexecutive.com /client/en/News/DetailNews.asp?Id=27237&IdSection=2&cat=2 (679 words)

	Minister of Justice Refers Murder Case to Alberta Court of Appeal (Site not responding. Last check: 2007-11-06)
		Merla Laycock was found murdered on the night of March 1, 1979 in Calgary, Alberta.
		He was convicted of first- degree murder by a judge and jury, but the conviction was overturned by the Alberta Court of Appeal.
		The Alberta Court of Appeal is in the best position to assess the relevance, reliability and potential impact of the undisclosed evidence on the fairness of Mr.
	canada.justice.gc.ca /en/news/nr/2005/doc_31390.html (339 words)

	Martindale.com - Legal Article: Bill 205 upheld by Alberta Court of Appeal
		On May 1, 2006, the Alberta Court of Appeal upheld the constitutionality of the amendments to the Local Authorities Election Act ("Bill 205"), which have the effect of precluding school board employees from seeking election to any school board in Alberta while employed by a school board.
		The Alberta Teachers' Association Provincial Executive Council has directed the ATA to seek leave to appeal to the Supreme Court of Canada.
		This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
	martindale.com /labor-employment-law/article_McLennan-Ross-LLP_232878.html (134 words)

	Relevant Legislation and Case Law
		Sometimes court decisions become part of the body of law that governs public education.
		Justice Smith, of the Court of Queen's Bench found in favour of the Association on the matter of allowing public school boards to opt out of the Alberta School Foundation Fund, on the same terms and conditions as are available to separate school boards.
		The Supreme Court of Canada unamimously upheld the decision of the Alberta Court of Appeal.
	www.public-schools.ab.ca /Public/law/overview.htm (588 words)

	Egale Canada > Alberta Court of Appeal Rules (Site not responding. Last check: 2007-11-06)
		While the Prime Minister is paralysed by indecision, the Courts are forced to address issues that ought to be Parliament’s responsibility," said John Fisher, Executive Director of EGALE (Equality for Gays and Lesbians Everywhere.
		The case concerns Delwin Vriend, a teacher in Alberta who was fired from his job when it was discovered that he was gay.
		The Court of Appeal has recognized that it is an abdication of Parliamentary responsibility to leave these matters to the Courts.
	www.egale.ca /index.asp?item=218&version=EN (309 words)

	Court decisions - Courts - Alberta Justice
		A searchable database of Alberta judgments (off-site) is maintained by the Alberta Courts.
		The official version of a judgment is the signed original in the Court file.
		Copies of the original judgment may be obtained by contacting the appropriate court.
	www.justice.gov.ab.ca /courts/decisions.aspx (146 words)

	Briefcase Case - Theft - Breach of a Position of Trust (Site not responding. Last check: 2007-11-06)
		The Court held that cases like this must be decided on a case by case basis.
		The Supreme Court of Canada decision in Bunn does not call for a conditional sentence in every case of fraud or breach of trust perpetrated by a while collar offender.
		One must be mindful of the principle of individualized sentencing on a case-by-case basis.
	www.justice.gov.ab.ca /downloads/documentloader.aspx?id=45385 (468 words)

	EUGENE MEEHAN, Q.C. SUPREME COURT LAW - Case Studies & Precedents
		The Attorney General of Alberta took the position that Crown Prosecutors were exempt from Law Society regulation.
		The Attorney General was successful in the Alberta Court of Appeal.
		McDonald was not even asked to speak, and after questioning the other side on their materials, overtured the Alberta Court of Appeal from the bench.
	www.supremecourtlaw.ca /english/case_studies5.html (135 words)

	Alberta Vets To Appeal Horse Dentistry Ruling
		The Alberta Veterinary Medical Association (AVMA) is going to appeal an Alberta court of queen's Bench ruling that horse dentistry is not the sole domain of veterinarians.
		Horse dentists in Alberta are seeking donations to fund their own defense of the court's ruling and protect their new legal position.
		He says the AVMA is appealing this case in order to maintain some standards for horse dentistry.
	www.equinedental.com /a_alberta_vets_appeal_dentistry_ruling.htm (384 words)

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