ARCTIC OBITER

More documents

Recommendations

Info

14 | <strong>ARCTIC</strong> <strong>OBITER</strong> NWT DECISION DIGEST COURT OF APPEAL Lafferty v. Tlicho Government 2010 NWTCA 4 The Honourable Mr. Justice Peter Costigan The Honourable Madam Justice Marina Paperny The Honourable Madam Justice Patricia Rowbotham Counsel for the Respondent (Appellant): R. S. Maurice Counsel for the Applicant (Respondent): A. Pape The Respondent applied to dismiss the appeal on the ground that it has become moot. The issue was the constitutional validity of the Future Chiefs Executive Council Meetings Law, 2007, relative to the Tlicho Constitution. Finding: Appeal dismissed. "The appeal is moot… As the impugned law has ceased to exist, there is no longer a live controversy between the parties…." (at para. 9) "Should a challenge to the constitutionality of some future law arise, that challenge will have to be considered on its own facts. Damage to reputation is irrelevant to the issues raised in this constitutional challenge. … there is no public interest to be served by hearing the appeal." (at para. 11) CASES CITED Lafferty v. Tlicho Government, 2009 NWTSC 35, [2009] 3 C.N.L.R. 141 Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, 57 D.L.R. (4th) 231 R. v. McPherson 2010 NWTCA 3 The Honourable Mr. Justice Peter Costigan The Honourable Madam Justice Marina Paperny The Honourable Madam Justice Patricia Rowbotham Counsel for the Applicant/Appellant: B. Latham Counsel for the Respondent: B. Nordin Applicant for a second appeal pursuant to s. 684 of the Criminal Code. Application denied. "In our view the applicant has not made a clear and compelling case that would justify the exercise of our discretion to re-open the appeal. Finality in this case is determinative. McPherson is seeking to take advantage of a clarification in the law that occurred five years after his designation as a dangerous offender and three years after the dismissal of his appeal." (at para. 7) CASES CITED R. v. Johnson, 2003 SCC 46, [2003] 2 S.C.R. 357 R. v. Francis, 2008 ABCA 407, 446 A.R. 200 at para. 23 R. v. Hummel, 2003 YKCA 4, 174 C.C.C. (3d) 1 R. v. Brown, [1993] 2 S.C.R. 918, 105 D.L.R. (4th) 199 R. v. Rhingo, [1997] O.J. No. 1110, 115 C.C.C. (3d) 89 R. v. Gargan 2010 NWTCA 5 Publication ban: no information may be published that may identify the complainant, and no information may be published on the contents of the application for the publication ban. The Honourable Madam Justice Carole Conrad The Honourable Mr. Justice Peter martin The Honourable Mr. Justice J. D. Bruce McDonald Appellant represented himself Counsel for the Respondent Crown: B. Nordin Application for counsel. Application granted: "… we are of the opinion that counsel should be appointed at this time for the limited purpose of reviewing the matter and reporting to The Canadian Legal Information Institute Making Canadian law accessible for free on the internet. www.canlii.org the court as to whether there is a viable ground of appeal." SUPREME COURT OF THE NORTHWEST TERRITORIES CIVIL Lawson v. Jackson 2010 NWTSC 32 Justice L .A. Charbonneau Counsel for the Applicant: K. Winton No one appeared for the Respondent Application to vary an Order of the Alberta Court of Queen's Bench made on September 20, 2001, for child support, retroactivity, and quantifying section 7 expenses so that NWT's MEP office could enforce. The only evidence of the Respondent's earnings is from a 2005 T4. Despite an order to do so, the Respondent failed to produce proof of earnings. "His failure to disclose financial information is blameworthy conduct that militates in favour of a retroactive award." Decision: imputed annual income based on the T4, ordered payment of section 7 quantified expenses, and made both orders retroactive to January 1, 2006. CASES CITED D.B.S. v. S.R.G..; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra, [2006] 2 S.C.R. 231 MacGregor v. Munroe 2010 NWTSC 30 Justice V.A. Schuler Counsel for the Designated Authority: E. Delaney No one appeared for the Applicant The Respondent appeared on her own behalf Application pursuant to Part 3 of the Interjurisdictional Support Orders Act to lower child support from $700 per
MAY 2010 | 15 month to $200 per month and to reduce to zero arrears of over $46,000, as of September, 2009. The Applicant resides in British Columbia; the Respondent and the child live in Yellowknife. The Respondent does not oppose some reduction in the amount of child support but opposes the reduction of the arrears. The Applicant did not explain why he left gainful employment in Yellowknife and did not explain the efforts made in recent years to obtain employment that would allow him to meet his child support obligations. He also failed to explain how he supported himself in the years where his declared income was in the range of $700 to $7,000 per year. Decision: child support lowered retroactively to (i) $385 per month for the period January 1, 1999 to April 30, 2006 and (ii) $421.00 per month from May 1, 2006 and arrears recalculated accordingly. Also ordered the Applicant provide to the Respondent a copy of his filed income tax returns and any notices of assessment by July 1st of each year starting July 1, 2010 for the 2009 taxation year. CASES CITED Saunders-Roberts v. Roberts (unreported) S.C.N.W.T. 6101-02603 Haisman v. Haisman, [1004] A.J. No. 553 (C.A.) CRIMINAL R v. Paulette 2010 NWTSC 31 Ban on publication of the identity of the complainant/witness Counsel for the Crown: T. Nguyen Counsel for the Accused: N. Homberg The accused pled guilty to sexual assault, just before the scheduled jury (CONTINUED ON PAGE 16) NWT LEGISLATIVE NEWS by Mark Aitken, Director of Legislation Division, GNWT Justice NOTE: THE NWT LEGISLATIVE NEWS IS NOT A COMPREHENSIVE REPORT OF LEGISLATIVE ENACTMENTS. ONLY ITEMS CONSIDERED TO BE OF INTEREST TO THE BAR ARE LISTED. ELECTIONS AND PLEBISCITES ACT Bill 7, amending the Elections and Plebiscites Act, received Assent on May 20, 2010. The amendments, which will be brought into force on order, implement recommendations of the Standing Committee on Rules and Procedures following upon its review of the Report of the Chief Electoral Officer on the Administration of the 2007 General Election. Significant changes include expanding voting opportunities, restructuring offence provisions and providing that the Chief Electoral Officer may enter into compliance agreements with persons who have contravened the Act. MISCELLANEOUS STATUTE LAW AMENDMENT ACT, 2010 Bill 3, entitled the Miscellaneous Statute Law Amendment Act, 2010, received Assent and came into force on May 21, 2010. Schedule A corrects inconsistencies and errors and makes amendments of a minor, noncontroversial and uncomplicated nature in 39 statutes of the Northwest Territories. Schedule B provides for the repeal of provisions that have ceased to have effect in a further 31 statutes. IT’S ALL ONLINE! Find Certified Bills, Consolidations of Acts, Regulations and Court Rules, and the Northwest Territories Gazette at the GNWT website: http://www.justice.gov.nt.ca/ Legislation/SearchLeg&Reg.shtml PUBLIC HEALTH ACT The Reportable Disease Regulations were amended by regulations made on May 20, 2010 and registered as R-043- 2010, to clarify that the Chief Public Health Officer (CPHO) may issue an order under section 25 of the Public Health Act requiring a person who has been exposed to an infectious reportable disease to adopt measures, which may include isolation, without the CPHO first being required to issue a similar direction under section 14 of the Reportable Disease Regulations.
Page 1 and 2: ARCTIC OBITER MAY 2010 V OLUME XIV,
Page 3 and 4: MAY 2010 | 3 PRESIDENT’S MESSAGE
Page 5 and 6: MAY 2010 | 5 MEMBERSHIP and Malakoe
Page 7 and 8: MAY 2010 | 7 2. Before searching a
Page 9 and 10: MAY 2010 | 9 What the Dickens? By C
Page 11 and 12: MAY 2010 | 11 third reason is likel
Page 13: MAY 2010 | 13 the customer was will
Page 17 and 18: MAY 2010 | 17 S.C.C. UPDATE HERE IS
Page 19: MAY 2010 | 19 Dear CBA Members: It

ARCTIC OBITER

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?