On today’s date the European Court of Human Rights issued it’s long awaited Judgment assessing the conflict between privacy and security in the technological age. In it’s decision which may be found here. The Court set out the minimum preconditions, including prior judicial authorization, required by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union befroe EU state agencies, including those of the UK, can gather, store and analyze metadata.
Mr Martin is pleased to announce that Frances Mahon has joined M+A.
Frances is a criminal defence and civil rights lawyer, with an emphasis on client service and innovative solutions to complex legal issues. She advises and defends individuals, unions and corporations facing criminal, national security, regulatory and professional disciplinary allegations. Frances also represents applicants and interveners in constitutional and public interest litigation. She is a member in good standing of both the Law Society of British Columbia and the Law Society of Upper Canada.
Prior to joining Martin + Associates, Frances practiced at Goldblatt Partners LLP in Toronto, focusing primarily on criminal defence and constitutional law. During her time at Osgoode Hall Law School, Frances worked at the Innocence Project and assisted with a major constitutional challenge to Canada’s prostitution laws, all while obtaining her Juris Doctor.
Frances is frequently recognized as an exceptional advocate and leader in the early stages of her career. She is regularly invited to speak about criminal, human rights and constitutional law, and on issues affecting the LGBTQ community. In 2014, Frances appeared as a witness before the Senate’s Legal and Constitutional Affairs Committee, providing evidence on Bill C-36, the Protection of Communities and Exploited Persons Act. In 2016, Frances received the Emerging Leader Award from Out On Bay Street, in recognition of her leadership on issues involving fundamental human rights and constitutional principles.
Frances is a member of the Criminal Lawyers’ Association, the Advocates’ Society, and the Canadian Bar Association.
When not litigating, Frances can be found enjoying the natural splendour of Canada’s wilderness with her beloved black and white dog Pepper, either in a canoe or on foot.
Trinity Western University v. The Law Society of Upper Canada, 2016 ONCA 518 (LGBTQ law students’ access to education)
R. v. Borowiec, 2016 SCC 11 (interpretation of criminal law provisions regarding infanticide)
Henry v. British Columbia (AG), 2016 SCC 24 (availability of Charter damages for prosecutorial misconduct)
Martin + Associates is pleased to announce that the British Columbia Director of Civil Forfeiture has agreed to settle the civil claim against it for damages for its wrongful attempt to forfeit the home of Mrs. Mumtaz Ladha and her family. Media reports related to that claim may be viewed below in a news entry dated February 22, 2015.
On June 1st and 2nd, 2016 Mr. Martin conducted cross examination of representatives of CSE, CSIS and Global Affairs Canada before Mr. Justice Barnes of the Federal Court of Canada, during the public phase of the Canada Evidence Act Section 38 national security claim process, which will determine whether CSEC’s efforts to suppress disclosure of documents relevant to the BCCLA’s constitutional challenge to the National Defence Act allowing CSEC to gather the meta data of Canadians without warrant (as described in detail below on October 23, 2013 and February 20, 2014) is justified. Globe and Mail coverage related to these proceedings can be found here and here.
The National Energy Board releases its decision recommending that the Liberal cabinet approve the Kinder Morgan Pipeline.
The Alberta Court of Appeal today released its decision in relation to Mr. Martin’s challenge to certain provisions of the Alberta Securities Act which permit the Securities Commission to transfer compelled testimony without judicial supervision. The judgment of the Court may be found here.
Martin + Associates has been instructed to apply to the Supreme Court of Canada to seek leave to appeal from this decision.
Mr. Martin’s Op-Ed “What Happened to Liberal promises on NEB?” is published and can be found here.
Notwithstanding the new Government of Canada’s throne speech promise to amend the NEB Act, the NEB has been permitted to continue with the Kinder Morgan hearings, The City of Vancouver, City of Burnaby and City of West Vancouver all filed detailed memorandum before the NEB opposing the approval of the Kinder Morgan pipeline. These memorandum can be found in the following links: Vancouver, Burnaby, West Vancouver.
Mr. Martin’s work on behalf of clients to obtain the removal of Interpol Red Notices and his calls for the reform of Interpol itself were discussed in a Globe and Mail National Business Front Page page story entitled “Interpol faces scrutiny over its global arrest alerts”. The Globe article may be found here. Mr. Martin’s earlier call for the reform of Interpol in the pages of the Internal Bar Association Journal may be found here.