TSE to launch a court challenge against the OIC - FILED
- Thread starter TSE JR
- Start date
Great news!!!
I wanted to compare the wording of this TSE lawsuit with the wording of the NFA and CSSR backed lawsuits so I went to the Court of Queen's Bench of Alberta website (albertacourts.ca/qb) and tried searching for this case number: 2001-06832
Unfortunately, the search box on the top of the page doesn't give any useful results and I couldn't find any other links that allowed for searching by case number.
Anyone know how to find a copy of the suit that TSE filed?
Unfortunately, the search box on the top of the page doesn't give any useful results and I couldn't find any other links that allowed for searching by case number.
Anyone know how to find a copy of the suit that TSE filed?
Without going into detail, as I'm not a lawyer myself... the basic premise is: as it is provincial court of QB that has to administer the OIC as it hears criminal cases, it should also deal with the issues we have with the law as written.
There was a recent SCofC case where they ruled this way.... They threw the case over to QB because, while the law was federal, it is provincial administered / enforced....
If we can keep our case in the provincial domain, I like our chances better of drawing an open minded judge in QB than in a federal court.
The filings will be available soon...
I share your curiosity and confusion. I wonder if this Alberta Federal court would be considered a lower court to the Supreme Court of Canada yet still have the power to impact the OIC as the Supreme Court of Canada. I also wonder if the Judges working at the Queen's Bench of Alberta all live in the local community or if Federal judges can be parachuted into any Federal Court located in any Province?
Any ruling would only have "affect" Alberta, but it would open the door for other provinces and try to enforce the OIC in other places if there is an injunction in one province....
It may not be as powerful as the ccfr attack, but it is a small bite sized piece that can help win the war.
Excellent, I'm a big fan of attacking a problem from multiple angles simultaneously, especially when the clock is ticking. 2yrs will go by in the blink of an eye and if any given lawsuit fails, it'll be too late to start again with a different argument.
https://www.mediafire.com/file/k92l871g2qqc98w/FILED_Notice_of_Constitutitional_Question_May_27_2020.pdf/file
https://www.mediafire.com/file/nz0rpi9b9jqq3mq/FILED_Originating_Application_May_27_2020.pdf/file
**Edit** sorry it took so long it went to my junk mail.
Cameron SS
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I suspect the court may need a day or two to update their website.
The Court of Queens Bench is not an Alberta Federal Court. It is a provincial court.
The OIC is a federal instrument issued under a federal statute. Judicial reviews of the decision to issue an OIC would normally be raised in Federal Court. The Federal Court has branches in most major city centers. You can view them here.
At any time, a point of law can be raised in any provincial court or provincial superior court, as in the Court of Queens Bench. Many constitutional challenges destined for the supreme court start in provincial court rather than federal.
Here is a road map for court cases and subsequent appeals.
When you file in provincial court in Calgary, or Federal court in Calgary, the judges and court staff will probably live in and around Calgary. Whether or not they are a born and bred Albertan will be a total crap shoot.
There are lots of reasons that may influence whether you file one way or the other, a lot of which will depend on the type of arguments you want to make. The jurisdiction of the courts is different, and their range of possible options for resolving the case might be different as well. Provincial court is generally easier to navigate from a procedural point of view, and therefore typically less costly. You may also get a decision faster depending on case load.
To be honest, I'm having a tougher time following along with the wording of the TSE lawsuit when compared to the two other ones I read earlier today. That being said, there were a couple of lines that jumped out to me based on them coming across as pointed jabs at the folks behind the OIC and the RCMP. For example, the document throws the politics card on the table when it talks about the Government being motivated to push through the OIC to fulfill a campaign promise. The political angle might be a fan favorite in some corners, and I'm all for a "kitchen sink" approach, but that one seems like window dressing for the more common points that this document shares with the 2 other lawsuits.
Edited to add: I have no education or experience to back up the comments I made above. I'm just talking sh*t as I'm interested in this stuff.
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I have to agree, and I would not be happy with the lawyering that went into this filing compared to the filing of the CCFR. The CCFR's lawyers did a much better job on their document. No offence meant to TSE.
