Cases
SCC Case Information
Summary
33092
Her Majesty the Queen in Right of the Province of Alberta v. Gilles Caron
(Alberta) (Civil) (By Leave)
Keywords
Canadian charter - civil.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Charter of Rights - Language rights - Courts - Inherent jurisdiction - Funding - Okanagan/Little Sisters (British Columbia (Minister of Forests) v. Okanagan Indian Band, [2003] 3 S.C.R. 371, and Little Sisters Book and Art Emporium v. Canada (Commissioner of Customs and Revenue), [2007] 1 S.C.R. 38) interim funding order - Constitutional defence raised in quasi-criminal trial in Provincial Court - Court of Appeal overturning Provincial Court order for funding - Superior Court ordering interim funding - Whether the Supreme Court of Canada in Okanagan and Little Sisters established a right to costs - Whether a superior court has jurisdiction to order funding for an accused in a regulatory matter of which it is not seized - Whether the test set out in Okanagan and refined in Little Sisters is adequate to address applications for funding in the context of regulatory offences - Whether the Okanagan and Little Sisters criteria are met in this case.
In December 2003 the Respondent Caron, who had been charged with failing to make a left turn safely, gave notice in provincial court that his defence consisted of a constitutional languages question. He admitted the facts alleged against him and he took the necessary steps to ensure payment of his legal fees for the anticipated two-week trial, which would be largely devoted to the constitutional question. Following presentation of the defence evidence, the Crown sought an adjournment to prepare evidence in reply and to obtain expert opinions. Given the unexpected lengthening of the trial, the Respondent Caron requested additional funding from the Court Challenges Program. The program was abolished without notice on September 25 before additional funding could be granted. The provincial court judge granted the Respondent Caron’s costs, but the order was overturned on appeal for want of jurisdiction. The issue on this appeal arose from subsequent orders for costs made by the Court of Queen’s Bench — an interim order made May 16, 2007 and a final order made October 19, 2007.
