Canadian Lawyer

West Alberta Court of Appeal celebrates 100 years H istorians of Alberta's Court of Appeal like to trace its line of judicial authority to 1670 and the founding of the Hudson Bay Co. The Royal Charter that created the company gave it the power "to judge all persons." Thus Hudson Bay traders and factors scattered over British North America's sparsely populated northwest were the first judges and the only law, other than the customary law of the First Nations and Métis. In 1905, Alberta, which had been part of the company territory, became a province and nine years later, in 1914, the Alberta Court of Appeal came into existence. Deepseated rivalries saw the existing judges less than pleased with the new creation and the head of the Alberta Supreme Court (now the Edmonton courts experiment with 'duty justices' Court of Queen's Bench) and the new appeal court openly battled for the title of chief judge until the death of one of the rivals in 1924. The appeal court's history is marked by some dramatic and important cases. To name but a few, in 1923 it upheld a murder charge against Filumena Old appeal court building in Calgary. Lassandro, who, after losing an appeal to the Supreme Court, became the last woman to be hanged in Canada. In 1938, in what became known as the Bankers' Toadies case, the appeal court controversially upheld the imprisonment of two pamphleteers, who urged Depression-ravaged farmers to "just exterminate" bankers. The case cast a chilling shadow over defamation law in Canada for more than 30 years. In 1984, the Court of Appeal helped make judicial history by Continued on page 12 I CANADIAN EMPLOYMENT LAW n Edmonton, the Court of Queen's Bench is embarking on an experimental effort to ease the courtroom burden with what is being called a "duty justice." The pilot project began in January. It sees the duty justice — appointed on a weekly basis — handle all non-trial criminal matters such as bail reviews, pretrial conferences, jury selection, and detention reviews. No change is planned in the way the court deals with cases which go to trial. The plan is being cautiously welcomed by the criminal bar. "It's a pilot project that sounds like it has the potential to be very helpful," is the initial assessment of Shannon Prithipaul, the new head of Alberta's Criminal Trial Lawyers Association. In a notice to the profession, Chief Justice Neil Wittmann and Associate Chief Justice John Rooke say the pilot project, which is initially restricted to Edmonton, "will be monitored and subject to an informal review." Consultations are planned with senior federal and provincial Crowns and with the defence bar and they are promised "within the first three to four months." Speaking for the defence bar, Prithipaul says "we're generally supportive of any plan to reduce delay and improve access to justice, but we'll just have to see how this evolves." — Geoff Ellwand writerlaw@gmail.com STACEY REGINALD BALL MORE THAN 6,145 CASES CITED Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. ORDER# 804218-62303 2 volume looseleaf 98 supplements per year Supplements invoiced separately 0-88804-218-3 AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.ca .c Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® www.CANADIAN ntitled-3 1 L a w ye r m a g . c o m F e b r uary 2014 11 7/13/11 4:01:40 PM

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