News

In November 2014, the Attorney General of Canada filed its Statement of Defence to the BCCLA’s application to the Federal Court for a declaration that the legislation purporting to authorize the Canadian Communications Security Establishment (CSEC) from operating without judicial oversight violates s.8 of the Charter. The Statement of Defence can be viewed here.

Martin and Associates filed an application seeking leave to appeal to the Federal Court of Appeal, in its continued prosecution of a Charter s.2(b) constitutional challenge to the CAPP sponsored limiting provisions of the new s.55.2 of the National Energy Board. The memorandum can be viewed here.

Interpol again set aside yet another Red Notice issued in relation to Napoleon Gomez Urrutia, the President of the Mexico Miners Union, issued on July 28, 2014. The new Red Notice was set aside following a final ruling on August 28, 2014 by Mexico’s Fourth Collegiate Tribunal, quashing all outstanding arrest warrants in Mexico. The notice to set aside the Red Notice can be viewed here.

Martin + Associates sues CBSA for damages arising from it’s detention and interrogation of Stanley Tomchin, along with a permanent injunction prohibiting CBSA from transferring the product of the interrogation to US authorities. The full text of the statement of claim can be viewed here.

Mr. Justice Fitch of the Supreme Court of British Columbia has held that M+A has discharged the heavy onus of proof necessary to obtain the Court ordered disclosure of interagency correspondence in support of it’s allegation that extradition proceedings in USA v Rogan should be stayed as an abuse of process.  Mr. Justice Fitch’s Reasons for Judgement can be viewed here. 

Mr. Justice Mosley of the Federal Court of Canada rejects an application by the Canadian Department of Justice to seek an interim stay of an Immigration Board decision ordering the release from custody ‎of Stanley Tomchin alleged by Canada’s CBSA to be inadmissible to Canada as a result of his association with the internet sport bookmaking site Pinnacle Sports. Justice Mosley’s Reasons for Judgment can be viewed here. 

M+A has agreed to represent a group of academics, land owners, businesses and environmentalists to file a constitutional challenge to s 55.2 of the Canadian National Environmental Board Act enacted in 2012 by the Harper government on the recommendation of the Canadian Petroleum Association. The effect of s 55.2, as interpreted by the National Energy Board, is to permit the Board to exclude the public from it’s hearings into the proposed tripling of the Kinder Morgan pipeline into the heart of Vancouver‎ harbour.  The lawsuit also asserts that the NEB’s adamant refusal to consider the climate change impacts of the proposed pipeline is wrong and must be reversed.

The full text of the M+A Notice of Motion can be viewed here. 

Mr. Martin can be heard explaining the reasons for the challenge here.

After extensive submissions to Interpol in reply to Mexico’s further attempts to convince Interpol to reissue a Red Notice against ‎Napoleon Gomez, Interpol has refused to issue a Red Notice as a result of it’s conclusion that the criminal charges that Mexico has pursued against Napoleon Gomez for the last eight years have been motivated by a predominantly political purpose. The full text of M+A’s further submissions and Interpol’s decision can be viewed here.

So as to ensure that all Canadians are properly compensated for the violation of their privacy at the hands of Canada’s CSEC (as described in more detail on Oct 23, 2013, below) M+A and Joe Arvay of Ferris & Co have partnered to launch a class action in the Federal Court of Canada to seek damages on behalf of all Canadian’s whose right to privacy have been violated by CSEC.  The full text of the class action claim brought by the proposed representative plaintiff, Lyndsay Lister, the President of the British Columbia Civil Liberties Association, can be viewed here.

During November Mr. Martin worked with Paul Gully Hart of Schellenber Wittmer of Geneva to obtain immunity and safe passage assurances from the government of Switzerland so as to permit Napoleon Gomez Urrutia to safely travel from Canada to Geneva to take up his responsibilities as a member of the Executive Committee of IndustriALL, the global industrial union, notwithstanding long standing meritless  politically motivated criminal charges that remain outstanding in Mexico. View Switzerland’s assurances here as well as a report and interview here.