News

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.

During November Mr. Martin also worked to complete the successful settlement of a major civil claim for damages against the Government of Canada arising from the wrongful investigation and prosecution of criminal charges against a BC based electronics manufacturer. In this case, search warrants were executed upon the home and business premises of the manufacturer in Feb 2009  and criminal charges were laid against he and his daughter under the Export and Import Control Act in April 2010. Mr. Martin was retained in June 2010 and , following submissions that the case could not be proved and was wholly without merit , the Crown abandoned the criminal charges in Aug 2011. Mr. Martin then filed a civil suit in Nov 2011 (the full text of which can be viewed here) claiming damages for defamation and economic loss.  Following lengthy negotiations and a Judicial Mediation Conference conducted before a Designated National Security Judge of the Federal Court of Canada the case was settled on acceptable terms on Nov 22, 2013.

In a lead editorial on October 26th, 2013, Canada’s national newspaper, The Globe and Mail, described the BCCLA’s lawsuit attacking the constitutionality of the legislation underpinning Canada’s CSE, the Canadian equivalent of the USA’s NSA, as a welcome opportunity in “prying open a few of the mysteries of CSEC and putting firmer limits on it’s ability to infringe on your privacy”. The full editorial can be read here.

 

 

Martin + Associates has agreed to act for the BC Civil Liberties Association, along with Joe Arvay Q.C., to launch a constitutional challenge to the provisions of the National Defence Act that purports to authorise the Communication Security Establishment Canada (CSEC – the Canadian equivalent of the US NSA) to engage in the interception of private communications and the gathering of so-called “metadata” without prior judicial approval (the warrant requirement). Mr. Martin’s explanation as to why the warrant requirement should be imposed can be viewed here.

M+A is pleased to announce that in June 2013 Casey Leggett was appointed a Co-Editor of the Charter of Rights Newsletter, Canada’s primary “Charter trends” bulletin published by Canada Law Book, a Thompson Reuters company.