Brendan Miller

Last updated

Brendan Myers Miller is a Canadian criminal and civil litigation lawyer based in Calgary.

Contents

Career

In 2013, Miller successfully argued the United Nations Convention on the Rights of Persons with Disabilities in order to keep his client, convicted of sexual assault, out of jail, [1] though this later overturned by the Appeal Court, and substituted with a sentence of 90 days in jail to be served on weekends, plus one year of probation. [2] In 2013 and 2014 he was part of the legal team representing Heather Wilson Duncan who was acquitted of second degree murder in shooting death of her husband, but convicted of manslaughter and receiving a four-year sentence. [3]

In 2017, Miller constitutionally challenged on behalf of a client the inability for persons accused with securities fraud to have a jury trial, and argued the same before the Supreme Court of Canada. [4]

In 2018, Miller was counsel to Ric McIver in a dispute with the Alberta Conflicts of Interest Commissioner, regarding whether the Commissioner's report and decision was subject to judicial review. The Court ruled that the Commissioner's report and decision were subject to parliamentary privilege, and therefore immune from review by the Courts. [5] Also in 2018, Daniel Colborne and Miller were successful in challenging the prohibition of common law unmarried couples in dividing their pensions upon separation in Alberta, with the Court finding the legislation violated equality rights in s.15 of the Canadian Charter of Rights and Freedoms. [6] [7]

In 2021 Miller acted for former NHL star, Theo Fleury, in a dispute over the ownership of the rights to Fleury's life story. [8] That same year, Miller lead a coalition of Canadian lawyers seeking the prosecutor of International Criminal Court, Karim Khan, open a preliminary investigation on the Government of Canada and the Vatican for crimes against humanity over their involvement in the mass grave site discovered in Kamloops. [9] Khan declined the request, on the basis that the crime had not occurred on or after July 1, 2002. Miller and other lawyers maintained that the federal government and the Vatican suppressed their alleged crimes beyond 2002, amounting to a continuing offence. Khan didn't address the argument in their rejection. [10]

In Spring 2022, Miller defended former Alberta Minister of Justice, Jonathan Denis, in contempt proceedings. [11] On appeal, Professor Peter Sankoff K.C. as lead appeal counsel, and Miller, acted for Denis where the Alberta Court of Appeal quashed the conviction for contempt. [12]

In Fall 2022, Miller represented some of the Canada convoy protestors at the Public Order Emergency Commission. [13] His application at the commission to have a man testify that an Enterprise Canada employee was identified as the man carrying a Nazi flag at the Ottawa protests in a sworn affidavit filed with the commission, [14] and Miller's cross-examinations, caused Politico to label Miller as the "Biggest Firebrand of 2022". [15] Justice Paul Rouleau who ran the commission described the claim as having "little foundation in evidence." [16] Miller was later removed from the commission after arguing with and talking over Justice Rouleau regarding redacted records, outstanding motions, and calling of witnesses, but was let back in that day. [17] Eventually by the end of the commission, Miller succeeded in forcing the government of Canada to resubmit unredacted copies of 20 documents to the inquiry. [18]

Enterprise Canada, "a national strategic communications firm", [19] launched a legal claim for damages in the Ontario Superior Court of Justice on December 20, 2022, stating that Miller's claims that their employee took the Nazi flag to the protest were false. [13] [20] Enterprise Canada previously served a defamation notice on Miller in November 2022. [21] On February 31, 2023, Enterprise stated that they and Miller had resolved the legal case. [22] Miller refused to apologize or retract the allegation. [23]

In Fall of 2023 Miller acted for the Blood Tribe at the Supreme Court of Canada regarding a large treaty land claim. Miller had earlier acted for the Blood Tribe on the trial of the matter, [24] where the Federal Court of Canada found that the Government of Canada deprived the Blood Tribe of more than 160 square miles of reserve land in breach of Treaty 7 and s.35 of the Constitution. [25] The Federal Court of Appeal overturned the trial decision on the sole basis of a limitation period defence that the Government of Canada lost at trial, and in February 2023 the Supreme Court of Canada granted leave to appeal the case. [26] Miller argued the case before the Supreme Court of Canada on October 12, 2023. [27] The Supreme Court of Canada was critical of the federal government’s position as the federal government lawyer acknowledged at the hearing that Ottawa had acted “dishonourably” in breach of Treaty 7; the Court reserved their decision. [28] In April 2024 the Supreme Court of Canada granted the appeal in part and issued a declaration that Canada breached Treaty 7. [29]

In May 2024 Miller acted for a home owner who the City of Calgary issued a stop order to under a bylaw so as to stop group sex parties occurring in his home, as the home was not designated as a social club. The Court ruled that the home owner could continue with such parties, but had to follow guidelines set out by the Court so as not to constitute a social club. [30]

On August 27, 2024 the Government of Alberta appointed Miller to the Alberta Law Enforcement Review Board. [31]

Personal life

Miller is married with a daughter. [23]

Related Research Articles

<span class="mw-page-title-main">Jason Kenney</span> Premier of Alberta from 2019 to 2022

Jason Thomas Kenney is a former Canadian politician who served as the 18th premier of Alberta from 2019 until 2022, and the leader of the United Conservative Party (UCP) from 2017 until 2022. He also served as the member of the Legislative Assembly (MLA) for Calgary-Lougheed from 2017 until 2022. Kenney was the last leader of the Alberta Progressive Conservative Party before the party merged with the Wildrose Party to form the UCP. Prior to entering Alberta provincial politics, he served in various cabinet posts under Prime Minister Stephen Harper from 2006 to 2015.

David Milgaard was a Canadian man who was wrongfully convicted for the 1969 rape and murder of nursing student Gail Miller in Saskatoon and imprisoned for 23 years. He was eventually released and exonerated. Up until his death, he lived in Alberta and was employed as a community support worker. Milgaard was also a public speaker who advocated for the wrongfully convicted and for all prisoners' rights.

<span class="mw-page-title-main">Ezra Levant</span> Canadian media personality and conservative activist

Ezra Isaac Levant is a Canadian media personality, political activist, writer, broadcaster, and former lawyer. Levant is the founder and former publisher of the conservative magazine, The Western Standard. He is also the co-founder, owner, and CEO of the far-right media website Rebel News. Levant has also worked as a columnist for Sun Media, and he hosted a daily program on the Sun News Network from the channel's inception in 2011 until its demise in 2015.

<span class="mw-page-title-main">Pierre Poilievre</span> Canadian politician (born 1979)

Pierre Marcel Poilievre is a Canadian politician who has served as the leader of the Conservative Party of Canada and the leader of the Official Opposition since 2022. He has been the member of Parliament (MP) for Carleton since 2004.

Rocco Galati is an Italian-born Canadian lawyer who specializes in cases involving constitutional law. He is the founder and executive director of the Constitutional Rights Centre.

Larry R. Heather is a perennial candidate from Calgary, Alberta, Canada. In addition to running as an independent at all three levels of government, he has run as a Christian Heritage Party of Canada candidate in federal elections and an Alberta Social Credit Party candidate in provincial elections.

<span class="mw-page-title-main">Western alienation</span> Phenomenon in Canadian politics

Western alienation, in the context of Canadian politics, refers to the notion that the Western provinces—British Columbia, Alberta, Saskatchewan and Manitoba—have been marginalized within Confederation, particularly compared to Ontario and Quebec, Canada's two largest provinces. Expressions of western alienation frequently allege that those provinces are politically over-represented and receive out-sized economic benefits at the expense of western Canadians.

William Gary Whatcott, known as Bill Whatcott, is a Canadian social conservative activist who campaigns against homosexuality and abortion. The dramatic nature of his activities have attracted attention from the media, including an appearance on The Daily Show. He has also run for political office in Toronto, Saskatchewan and Edmonton.

Jonathan Brian Denis, is a Canadian politician and lawyer. On May 9, 2012, he was named Solicitor General, Attorney General, and Minister of Justice for the province of Alberta. He represented the constituency of Calgary-Acadia as a Progressive Conservative in the Legislative Assembly of Alberta from 2008 until 2015.

<span class="mw-page-title-main">Canadian sovereignty</span> Power of Canada to govern itself

The sovereignty of Canada is, in legal terms, the power of Canada to govern itself and its subjects; it is the ultimate source of Canada's law and order. Sovereignty is also a major cultural matter in Canada. Several matters currently define Canadian sovereignty: the Canadian monarchy, telecommunication, the autonomy of the provinces, and Canada's Arctic border.

<span class="mw-page-title-main">Justice Centre for Constitutional Freedoms</span> Canadian legal advocacy organization

The Justice Centre for Constitutional Freedoms (JCCF) is a Canadian legal advocacy organization specializing in a social conservative approach to the Canadian Charter of Rights and Freedoms. The libertarian organisation has partnered with several right-wing backers in the United States.

<span class="mw-page-title-main">Artur Pawlowski</span> Polish-Canadian political activist

Artur Pawlowski is a Polish-Canadian evangelical street preacher and political activist. He is pastor of the Cave of Adullam congregation in Calgary and previously led the Kings Glory Fellowship (KGF). Pawlowski is also founder and pastor of Street Church Ministries (SCM), a group no longer recognized as a religious or charitable organization by the Canadian government.

<span class="mw-page-title-main">Russell Brown (judge)</span> Canadian Supreme Court Justice (born 1965)

Russell S. Brown is a former puisne justice of the Supreme Court of Canada. He was nominated by Prime Minister Stephen Harper to replace outgoing justice Marshall Rothstein and served in the role starting on August 31, 2015. Prior to his appointment to the Supreme Court, he was a justice at the Alberta Court of Appeal, and before that a law professor at the University of Alberta. He resigned on June 12, 2023, prior to the completion of an investigation by the Canadian Judicial Council into alleged harassment.

<span class="mw-page-title-main">Tyler Shandro</span> Canadian politician (born c. 1976)

Tyler Shandro is a Canadian politician who served as the minister of justice and solicitor general of Alberta from February 2022 to June 2023. A member of the United Conservative Party (UCP), Shandro was elected to represent Calgary-Acadia in the Legislative Assembly of Alberta in the 2019 provincial election. He was Alberta's minister of health from 2019 to 2021, and minister of labour and immigration from 2021 until he was named justice minister in 2022. He lost re-election in the 2023 provincial election.

<span class="mw-page-title-main">Canada convoy protest</span> 2022 protest against COVID-19 mandates

A series of protests and blockades in Canada against COVID-19 vaccine mandates and restrictions, called the Freedom Convoy by organizers, began in early 2022. The initial convoy movement was created to protest against the vaccine mandates for crossing the United States border, but later evolved into a protest on COVID-19 mandates in general. Beginning on January 22, 2022, hundreds of vehicles formed convoys from several points and traversed Canadian provinces before converging on Ottawa on January 29, with a rally at Parliament Hill. The convoys were joined by thousands of pedestrian protesters. Several offshoot protests blockaded provincial capitals and border crossings with the United States.

<span class="mw-page-title-main">Pat King (activist)</span> Canadian activist

Patrick James King is a Canadian far-right activist, and conspiracy theorist from Sault Ste. Marie, Ontario, who lives near Red Deer, Alberta.

Tamara Lich is a Canadian activist who has organised for the right-wing Maverick Party, the far-right Yellow Vest protests, and the Canada convoy protest in Ottawa.

John Carpay is a Netherlands-born Canadian lawyer, the president of the Justice Centre for Constitutional Freedoms, and a newspaper columnist.

In February 2022, four Canadian men were arrested on allegations that they conspired to kill Royal Canadian Mounted Police (RCMP) officers. The arrests occurred during the Canada convoy protest on the Coutts, Alberta, side of the Sweetgrass–Coutts Border Crossing. According to police, the plot was part of a wider plan to alter "Canada's political, justice and medical systems."

Nicholas Devlin is a Canadian jurist and former federal prosecutor. He is currently a Justice of the Court of King's Bench of Alberta.

References

  1. ↑ "Hypocrisy found hiding behind UN ruling in Canadian court case". Toronton Sun. Archived from the original on 2021-04-20. Retrieved 2023-01-01.
  2. ↑ "Former blind Paralympian jailed for sex assault". The Canadian Press. Archived from the original on 2023-01-01. Retrieved 2023-01-01.
  3. ↑ "Heather Wilson Duncan guilty of manslaughter in husband's death". CBC News. November 26, 2013. Archived from the original on January 1, 2023. Retrieved January 1, 2023.
  4. ↑ "Supreme Court denies jury trial for man facing securities fraud charges". calgaryherald. Archived from the original on 2022-01-23. Retrieved 2023-01-01.
  5. ↑ "McIver conflict of interest decision not subject to judicial review, court rules". calgaryherald.com. Archived from the original on 2020-01-07. Retrieved 2023-04-25.
  6. ↑ "Citation: Lubianesky v Gazdag, 2018 ABQB 290". Archived from the original on 2023-04-25. Retrieved 2023-04-25.
  7. ↑ "Alberta common-law couples can now divide pensions upon separation". Benefits Canada.com. July 13, 2018. Archived from the original on January 22, 2023. Retrieved April 25, 2023.
  8. ↑ Meghan Grant (July 6, 2021). "Hollywood movie about Theo Fleury stalled as autobiography co-author claims ownership over his life story". CBC News. Archived from the original on January 1, 2023. Retrieved January 1, 2023.
  9. ↑ "Lawyers call for International Criminal Court investigation into mass grave site of Indigenous children". calgaryherald.com. Archived from the original on 2021-12-01. Retrieved 2023-04-25.
  10. ↑ White, Patrick. "UN special rapporteur planning trip to Canada to examine 'human-rights situation' of Indigenous people". The Globe and Mail. Archived from the original on 2023-01-01. Retrieved 2023-04-25– via www.theglobeandmail.com.
  11. ↑ "Alberta judge mulls options after ex-justice minister threatens defamation in trial". ctvnews. The Canadian Press. 11 April 2022. Archived from the original on 7 April 2023. Retrieved 25 April 2023.
  12. ↑ Citation: Denis v Sauvageau, 2022 ABCA 354
  13. 1 2 "'Freedom Convoy' lawyer sued for defamation". thestar.com. 2022-12-21. Archived from the original on 2022-12-24. Retrieved 2022-12-24.
  14. ↑ Horwood, Matthew (24 November 2022). "Sworn affidavit identifies man who waved Nazi flag at Freedom Convoy". Western Standard. Archived from the original on 2023-01-01. Retrieved 2023-04-25.
  15. ↑ Forrest, Maura (22 December 2022). "The best and worst of 2022". POLITICO. Archived from the original on 2022-12-24. Retrieved 2022-12-24.
  16. ↑ Ballingall, Alex; MacCharles, Tonda (2022-11-24). "Freedom Convoy lawyer called 'idiot' after mistaken identity". thestar.com. Archived from the original on 2022-12-24. Retrieved 2022-12-24.
  17. ↑ Major, Darren (November 22, 2022). "Enterprise Canada pushes back against Nazi flag claim made by convoy lawyer". CBC News. Archived from the original on January 1, 2023. Retrieved January 1, 2023.
  18. ↑ Osman, Laura (2 Dec 2022). "Government to un-redact text messages, PMO staff notes at Emergencies Act inquiry". CBC. Archived from the original on 24 December 2022. Retrieved 24 December 2022.
  19. ↑ https://enterprisecanada.com.{{cite news}}: Missing or empty |title= (help)
  20. ↑ McGregor, Glen (2022-12-21). "'Freedom Convoy' lawyer sued over Nazi flag claim". CTV News . Archived from the original on 2022-12-24. Retrieved 2022-12-24.
  21. ↑ Major, Darren (24 Nov 2022). "Lawyer for convoy protest organizers served with defamation notice". CBC. Archived from the original on 24 December 2022. Retrieved 24 December 2022.
  22. ↑ Pass-Lang, Christian (2 April 2023). "Enterprise Canada resolves suit against convoy lawyer Brendan Miller". CBC.
  23. 1 2 "Dishing with DKG: Convoy lawyer Brendan Miller reveals why he didn't cross-examine Trudeau". nationalpost. Retrieved 2022-12-24.
  24. ↑ Pike, Hellen (6 Dec 2018). "Big Land Claim battle in southern Alberta wraps up in Federal Court". CBC.
  25. ↑ Grant, Meghan (12 June 2019). "Blood Tribe wins massive land claim battle in Federal Court". CBC.
  26. ↑ Shari, Narine (6 February 2023). "Supreme Court rules Blood Tribe can argue at highest court its reserve size 'Big Claim'". Windspeaker.
  27. ↑ "Supreme Court of Canada - SCC Case Information - Webcast of the Hearing on 2023-10-12 - 40153". 27 August 2014.
  28. ↑ Fine, Sean (12 Oct 2023). "Supreme Court justices challenge Crown over statute of limitations arguments over Treaty 7 pledge". Globe and Mail.
  29. ↑ "Treaty entitled Alberta First Nation to larger reserve: Supreme Court of Canada | Globalnews.ca".
  30. ↑ https://www.cbc.ca/news/canada/calgary/calgary-sex-club-menage-parties-court-challenge-decision-1.7199417
  31. ↑ https://calgary.ctvnews.ca/lawyer-who-represented-freedom-convoy-organizers-appointed-to-alberta-police-review-board-1.7019349

References

    This page is based on this Wikipedia article
    Text is available under the CC BY-SA 4.0 license; additional terms may apply.
    Images, videos and audio are available under their respective licenses.