R. v. Biever (C.), 2015 ABQB 301
| Judge | Graesser, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | May 12, 2015 |
| Citations | 2015 ABQB 301;(2015), 617 A.R. 119 (QB) |
R. v. Biever (C.) (2015), 617 A.R. 119 (QB)
MLB headnote and full text
Temp. Cite: [2015] A.R. TBEd. MY.092
Her Majesty the Queen (respondent/Crown) v. Clinton Biever (applicant/accused)
(130443914Q1; 2015 ABQB 301)
Indexed As: R. v. Biever (C.)
Alberta Court of Queen's Bench
Judicial District of Edmonton
Graesser, J.
May 12, 2015.
Summary:
The accused was charged with a number of offences in connection with bank robberies in Calgary and Edmonton in 2012. He was denied bail and had been in custody on the charges since March 2013, mostly at the Edmonton Remand Centre (ERC). He was self-represented and brought an application seeking "full access to legal materials, processes and any case law the defendants may require to make full answer and defence." He claimed that he required Internet access so that he could access relevant case law through CanLII, Quicklaw/Lexis-Nexis, and Westlaw, legal information sites, government sites, to conduct general searches using Google and Wikipedia, as well as to seek counsel and to communicate with counsel. The ERC staff had provided him with a laptop with the DART Western Decisions database loaded on it. He had access to a copy of the Criminal Code in his cell and was able to receive photocopies of cases from outside sources. An amicus was appointed.
The Alberta Court of Queen's Bench discussed what the accused prisoner's rights were regarding access to legal information. The court held that the accused had met the heavy onus on him of establishing that he would be unable to adequately prepare for pending severance and Charter applications unless he had greater access to legal resources. He would also be unable to properly prepare for trial if he was limited to the materials presently available to him. The court also rejected the notion that self-represented litigants should only be able to access legal materials if they demonstrated that their case was complex or involved novel points of law. That suggestion trivialized the necessity for knowledge of current legal procedures and practices and up-to-date knowledge of the law in many areas to properly prepare for a reasonable defence in a criminal case. In the result, the court ordered that the accused be given timely and regular access to CanLII, but did not order that access to commercial databases be provided. There were no special circumstances requiring access to non-Canadian materials. The court opined that the accused should also have access to printing if he paid for it himself and access to word processing. The court noted that its decision was limited to this particular accused and not all inmates in the ERC were in similar situations to the accused (i.e., unrepresented, distrustful of the Alberta criminal bar, and capable of making use of legal resources themselves). A prospective breach of the accused's ss. 7 and 11 Charter rights to a fair trial would likely occur in the absence of greater access to legal materials.
Civil Rights - Topic 3133
Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to make full answer and defence - See paragraphs 42 to 136.
Civil Rights - Topic 3157
Trials - Due process, fundamental justice and fair hearings - Criminal proceedings - Right to fair trial - See paragraphs 42 to 136.
Criminal Law - Topic 128
General principles - Rights of accused - Right to make full answer and defence - See paragraphs 42 to 136.
Prisons - Topic 1125
Administration - Prisoners' rights - Access to computer and software (incl. internet access) - See paragraphs 42 to 136.
Counsel:
J.-M. Dube, Carrie-Ann Downey and Susanne Thompson (Alberta Justice and Attorney General), for the Crown;
Clinton Biever, for himself;
Adam Badari (Simon Renouf Professional Corporation), amicus curiae.
This matter was heard in Edmonton, Alberta, on April 22 and 23, 2015, before Graesser, J., of the Alberta Court of Queen's Bench, who issued the following memorandum of decision on May 12, 2015.
To continue reading
Request your trial
-
Table of Cases
...34 R v Askov, [1990] 2 SCR 1199 .............................................................................. 39, 41 R v Biever, 2015 ABQB 301 ..........................................................................................27 Courts, Litigants, and the Digital Age 180 R v CDH, 20......
-
Lee v Canada (Attorney General), 2018 ABQB 464
...fees for legal services. Mr. Lee, as an “old school con”, denies he would ever do that. The “Affidavit and Reply” identifies R v Bieber, 2015 ABQB 301 at para 68, for the proposition that one does not practice law unless one charges a fee. That case does not stand for that proposition, and ......
-
R v Lofstrom, 2018 ABQB 178
...Moreau: R v Iyer, 2014 ABQB 684, Moreau J, as she then was at para 148; see R v Willick, 2014 ABPC 243, Richardson PCJ; R v Biever, 2015 ABQB 301, Graesser J at paras 12 and 47. Mr. Keyes was not an Imona Rusel amicus curiae, as contemplated by the Supreme Court in Ontario v Criminal Lawyer......
-
Rothweiler v Payette, 2018 ABQB 399
...repeatedly in the Alberta Court of Queen’s Bench, particularly from persons detained in Alberta Remand Centres, for example R v Biever, 2015 ABQB 301 (in that case the detainee reviewed Meads v Meads and promptly dropped the Coronation Stone/Oath argument). This scheme has appeared in other......
-
Lee v Canada (Attorney General), 2018 ABQB 464
...fees for legal services. Mr. Lee, as an “old school con”, denies he would ever do that. The “Affidavit and Reply” identifies R v Bieber, 2015 ABQB 301 at para 68, for the proposition that one does not practice law unless one charges a fee. That case does not stand for that proposition, and ......
-
R v Lofstrom, 2018 ABQB 178
...Moreau: R v Iyer, 2014 ABQB 684, Moreau J, as she then was at para 148; see R v Willick, 2014 ABPC 243, Richardson PCJ; R v Biever, 2015 ABQB 301, Graesser J at paras 12 and 47. Mr. Keyes was not an Imona Rusel amicus curiae, as contemplated by the Supreme Court in Ontario v Criminal Lawyer......
-
Rothweiler v Payette, 2018 ABQB 399
...repeatedly in the Alberta Court of Queen’s Bench, particularly from persons detained in Alberta Remand Centres, for example R v Biever, 2015 ABQB 301 (in that case the detainee reviewed Meads v Meads and promptly dropped the Coronation Stone/Oath argument). This scheme has appeared in other......
-
Kubersky v Pomeroy (Pomeroy Group),
...Orr v Fort McKay First Nation, 2018 ABQB 111 8. 1214777 Alberta Ltd v 480955 Alberta Ltd, 2015 ABQB 301 9. Rai v 1294477 Alberta Ltd, 2015 ABQB 349 10. Malhotra v 1743134 Alberta Ltd, 2017 ABQB 34 11. Sieben v Tremmel, 2016 ABQB 68......
-
Table of Cases
...34 R v Askov, [1990] 2 SCR 1199 .............................................................................. 39, 41 R v Biever, 2015 ABQB 301 ..........................................................................................27 Courts, Litigants, and the Digital Age 180 R v CDH, 20......
-
A 'Body of Precedent Written on the Wind?'. Wiki Courts, 'Link Rot', and Independent Judicial Internet Research
...“The Curious Appellate Judge: Ethical Limits on Independent Research” (2008) 28:1 Litigation Review 131 (Lexis). 10 R v Biever , 2015 ABQB 301 at paras 92 and 126. See also Sarah Burton, “Life, Liberty, and the Right to CanLII: Legal Research behind Bars” (3 June 2015), ABlawg.ca (blog), on......
-
The right of an imprisoned accused to conduct online research.
...Commented On: R v Biever, 2015 ABQB 301 The link between access to information and access to justice is not often discussed, but it is implicit in our legal process. Document production, questioning, and Crown disclosure are all premised on the notion that one needs access to relevant infor......