First Nations, Police, Non-Profits

Exceptional

representation, timely

and cost efficient

Anthony L.R. Oliver

Anthony L.R. Oliver

anthony

Professional Memberships

Civil Trial Lawyers’ Association

Criminal Trial Lawyers’ Association (Policing Committee)

Gladue Advisory Committee

Indigenous Lawyers’ Forum

Law Society of Alberta

Oliver Litigation, Edmonton | October 2018 – Present
ADR focused civil and criminal litigation, strategic advice and representation of First Nations, police, and non-profit organizations.
 
Boutique Law Firm, Edmonton | April 2018 – October 2018
Developed a private practice in criminal, civil and administrative law, with mentorship from managing partner Bruce Laycock (former Director, Alberta Justice, Energy). Contracted by Sturgeon Lake Cree Nation as its Legal Officer to respond to the Federal Court’s directions in Sturgeon Lake Cree Nation v Hamelin, 2018 FCA 131.
 
Alberta Crown Prosecution Service, St Paul & Grande Prairie | May 2015 – April 2018
Managed heavy caseload of provincial and federal matters. Provided nine (9) RCMP detachments with pre-charge advice and ongoing support. Docket and trial work on criminal and regulatory offences, including summary conviction appeals. Developed collaborative relationships with Councils at Sturgeon Lake Cree Nation, Beaver Lake Cree Nation and Saddle Lake Cree Nation. Speaking to students at schools in St Paul and Beaver Lake Cree Nation. Organized lunch-and-learn session for Crown Prosecutors in Edmonton on gendered violence via Alberta Council of Women’s Shelters. Invited by Lloydminster Sexual Assault Services to participate as Crown representative on Sexual Assault Response.
 
Federal Court of Canada, Ottawa | August 2014 – May 2015
Judicial Clerkship with The Honourable Leonard (Tony) Mandamin. Wrote bench memoranda and provided advice on issues of evidence, questions of law (often novel) and statutory interpretation on Aboriginal, administrative, constitutional and civil cases and Federal Court procedure. Assisted at hearings and trials including the Alderville Litigation resulting in an unprecedented settlement between Canada, Ontario and the Williams Treaties First Nations aimed at restoring the self sufficiency of the First Nations. Assisted with developing Federal Court Aboriginal Litigation Practice Guidelines. Organized lunch-and-learn sessions for Judicial Clerks with The Honourable Frank Iacobucci and The Honourable Michael Moldaver.
 
Alberta Justice and Solicitor General, Edmonton | June 2011 – July 2014
Summer (2011, 2012) and articling (2013-14) terms with the following departments:
  • Prosecutions and Criminal Appeals: Second chair on R v Raynor (sexual assault causing bodily harm), R v Lopez-Garcia (aggravated sexual assault); R v Porter (fatal hit and run), R v Noel (prolific bank robber). Completed provincial and criminal trials with just outcomes.
  • Social Enhancement Legal Team: Completed litigation files involving Child Protection, Child Support, Maintenance Enforcement, and Office of the Public Guardian.
  • Civil Litigation: Obtained orders relinquishment of property and monies seized from the drug traffickers under the Victims Restitution and Compensation Payment Act. Helped draft record in judicial review of decision to close Michener Centre, Alberta’s remaining institution for people with developmental disabilities.
  • Office of the Public Trustee: Served 22 trust officers and their clients. Assisted a vulnerable Albertan with removing squatters from his property in Mannville.
  • Aboriginal Law: Provided direction to 10 client ministries on consultation and accommodation. Assisted legal team with drafting response to SCC leave to appeal application in R v Hirsekorn (leave refused). Conducted chambers applications and examinations for discovery. Conducted research for trial and appellate matters.
  • Central Services (Solicitors): Completed administrative license suspension appeal submissions on behalf of the Registrar of Motor Vehicle Services for the Alberta Transportation Safety Board (creating a fulsome practice of response that was adopted by Alberta Justice). Drafted services contract for Chief Medical Examiner.
Called to the Alberta Bar on August 4, 2014, by former Ass. Chief Judge James (Jim) Wheatley
 
British Columbia Legal Services Society, Vancouver | March – August 2013
Contracted by Legal Aid to improve objectivity in Gladue reports. Provided training to writers, edited reports, and organized an information session for students at UBC Law.
 
Justice and Attorney General, Surrey | January – May 2013
Invited by British Columbia Prosecution Service (Surrey Crown) to participate in a non-academic Performance as Judicial Intern led to Surrey Crown invitation to job shadow prosecutors including Winston Sayson QC who had me assist as second chair on R v Soderberg, a robbery and unlawful confinement judge and jury trial (note-taking, researching points of law, victim relations).
 
Provincial Court of British Columbia, Surrey | September – December 2012
Chosen by selection committee for Judicial Internship supervised by The Honourable Melissa Gillespie and The Honourable Kenneth W. Ball. Researched points of law and drafted materials for 13 judges at BC’s highest volume Provincial Court. Participated in Circuit Court with Judge J. Wingham in Bella Bella (Heiltsuk First Nation) and Klemtu (Kitasoo First Nation). Assisted then Judge K.W. Ball in R v Christensen, 2012 BCPC 0374 (providing research on constitutionality of mandatory minimum sentences). Assisted Judge J. Jardine with his publication “Warrants to Search: Investigative Tools or Judicial Roadblocks?”.
 
Indigenous Community Legal Clinic, Vancouver | September – December 2011
Articled temporarily in Vancouver’s Downtown Eastside under Director Sarah Rauch, provided free legal services to the Indigenous community in areas of criminal law, family law (including mediations), civil claims, and administrative tribunals and appeals. Completed Independent Assessment Process and Common Experience claims for residential school survivors.
 
London Drugs, Western Canada | March 2007 – August 2010
Worked full-time as an Internal Investigator, then part-time during undergraduate studies as an External Investigator. Highlights included training new hires, terminating a major counterfeit credit card operation, helping arrestees with recovery plans, running child identification clinics, and narrating the company’s employee training video.
 
Alberta Sheriffs, Northern Alberta | November 2005 – January 2007
Elected recruit training class valedictorian. Coordinated Sheriffs’ inaugural participation in 2006 Peace Officers’ Memorial. Provided enforcement during 2006 Stanley Cup riots in Edmonton.
 
VOLUNTEERISM
2021-Present: Civics Director, Parkdale-Cromdale Community League.
2019-Present: Vice President of the Alberta Criminal Justice Association Board of Directors.
2018: Invited to teach students at Norquest College about the legalization and regulation of cannabis in Canada. Appearances on Global News and 630 Ched regarding the same.
2017: Member of Alberta Council of Women’s Shelters’ Social Legal Issues and Ethics Committee. Commissioner for Peace Region High School Rugby League. Participant with Special Olympics hockey (pickup games) in Grande Prairie. Organized lunch and learn session for Crown Prosecutors on gendered violence (with educators from the Alberta Council of Women’s Shelters) in Edmonton.
2015-16: Board Member of Alberta Council of Women’s Shelters. Participant and coach with Special Olympics basketball in St Paul. Runningback Coach for St Paul High School Lions Football Club. Speaking to students at primary schools and secondary schools about criminal law and cyber bullying.
2015: Organized lunch-and-learn sessions with The Honourable Frank Iacobucci and The Honourable Michael Moldaver for Judicial Clerks at the Federal Court in Ottawa.
2013-14: Member of Alberta Courts’ R v Gladue advisory committee. Initiated Crown Prosecution Services Teddy-Bear-Drive for the Edmonton Humane Society and the Edmonton Emergency Relief Services Society. Helped raise over $18,000 for the Canadian Cancer Society as member of “Take It All Off For Cancer” charity event.
2011-12: Board Member with Vancouver Police Service’s Aboriginal Community Policing Centre Society. Assisted Vancouver Police Board with drafting new Missing Women and Children policy following “The Report of the Missing Women Commission of Inquiry” (Deputy Chief Constable Doug LePard formally recognized my contribution when policy was introduced to VPB). Member of BC Legal Services Society’s R v Gladue advisory committee. Initiated student-led goods drive for victims of 2011 wildfires in northern Alberta utilizing distribution services of Treaty 8 Tribal Council.
 
EDUCATION
Juris Doctor, University of British Columbia | September 2010 – May 2013
Vice President (1L) and President (2L) of the Indigenous Law Students’ Association Society & 1L Representative and Executive Director of Indigenous Perspectives on Student Development (2L) for the Law Students’ Association:
  • Organized volunteers to solicit Vancouver law firms to raise funds for high profile academic and social events.
  • Organized monthly lecture series and yearly Indigenous Awareness Week activities.
  • Worked collaboratively with Faculty on fee restructuring, accommodation, admissions, and curricula.
  • Organized annual Courage-in-Law Award (1L, 2L, 3L).
  • Invited by Dean Mary Anne Bobinski to co-host The Honourable Beverley McLachlin at Allard Hall grand opening on September 23, 2011.
  • Member of Faculty Curricula Reform Committee, which achieved implementation of Canada’s first program for 1L students on Aboriginal and Treaty Rights taught by Indigenous scholars.
Law Ambassador / Legal Education Outreach
  • Initiated “Ice Breaker” event for incoming first year law students from Edmonton (2L). Provided law presentations for Grade 12 students (2L). Provided information and conducted building tours for past and future students (2L, 3L).
Recipient of the Graduating Class of 1967 Award based on academic achievement, athletic achievement, and contributions to the university and community.
Represented UBC Law at 2012 Kawaskimhon Moot in Saskatoon (2L).
 
Bachelor of Education (History), Simon Fraser University | January 2008 – August 2011
Researcher for “Letters for the Inside”, non-profit university service providing federal inmates with post-release actions plans for education, training and employment. Undergraduate awards included Aboriginal Student Leader Award, Ethel Barbara Tuck Scholarship in Education, Rosslyn & Mary Penney Service Award. Scholarships for high GPA in all three years of undergraduate study.
Faculty recommended publication of research paper on Indian Act and need for reconciliation between the Crown and First Nations.
 
Police Diploma, Grant MacEwan University | September 2002 – April 2004
Elected Class President both years.
Organized student volunteer opportunities with Crimestoppers Edmonton.
Louise McKinney Scholarship for highest GPA in first year studies.
Participated on inter-faculty Project HOPE student team that raised $35,000 before traveling to Guatemala to build a three-room schoolhouse for the Indigenous population (Summer 2014).
 
EXTRA-CURRICULAR
Running, hiking, and travel – most recently a bike tour through south-west Ireland.
 

Anthony Oliver is a caring advocate who serves indigenous and non-indigenous governments, non-profit societies, and individuals, on matters involving constitutional rights with a view to establishing reconciliation in multijural contexts.

He has established new frameworks in the Alberta Courts for First Nations’ governance, child and family services, Gladue sentencing reform, the rights of victims and police, and community-based restorative justice.

After serving as a law clerk for the Honourable Leonard (Tony) Mandamin at the Federal Court, and the Honourable Melissa Gillespie at the BC Provincial Court, Anthony returned to Alberta and served urban and rural communities as a Crown Prosecutor.

In 2018 he established his law practice, providing strategic advice and advocacy, litigation support, and preparation of agreements and legislation.

To contact Oliver Litigation, please call 780-643-6949 or 1-877-934-3476, or email [email protected].

The firm utilizes a paperless protocol to provide a responsive, cost-effective service.

Professional Memberships

Civil Trial Lawyers’ Association

Criminal Trial Lawyers’ Association (Policing Committee)

Gladue Advisory Committee

Indigenous Lawyers’ Forum

Law Society of Alberta

Oliver Litigation, Edmonton | October 2018 – Present
ADR focused civil and criminal litigation, strategic advice and representation of First Nations, police, and non-profit organizations.
 
Boutique Law Firm, Edmonton | April 2018 – October 2018
Developed a private practice in criminal, civil and administrative law, with mentorship from managing partner Bruce Laycock (former Director, Alberta Justice, Energy). Contracted by Sturgeon Lake Cree Nation as its Legal Officer to respond to the Federal Court’s directions in Sturgeon Lake Cree Nation v Hamelin, 2018 FCA 131.
 
Alberta Crown Prosecution Service, St Paul & Grande Prairie | May 2015 – April 2018
Managed heavy caseload of provincial and federal matters. Provided nine (9) RCMP detachments with pre-charge advice and ongoing support. Docket and trial work on criminal and regulatory offences, including summary conviction appeals. Developed collaborative relationships with Councils at Sturgeon Lake Cree Nation, Beaver Lake Cree Nation and Saddle Lake Cree Nation. Speaking to students at schools in St Paul and Beaver Lake Cree Nation. Organized lunch-and-learn session for Crown Prosecutors in Edmonton on gendered violence via Alberta Council of Women’s Shelters. Invited by Lloydminster Sexual Assault Services to participate as Crown representative on Sexual Assault Response.
 
Federal Court of Canada, Ottawa | August 2014 – May 2015
Judicial Clerkship with The Honourable Leonard (Tony) Mandamin. Wrote bench memoranda and provided advice on issues of evidence, questions of law (often novel) and statutory interpretation on Aboriginal, administrative, constitutional and civil cases and Federal Court procedure. Assisted at hearings and trials including the Alderville Litigation resulting in an unprecedented settlement between Canada, Ontario and the Williams Treaties First Nations aimed at restoring the self sufficiency of the First Nations. Assisted with developing Federal Court Aboriginal Litigation Practice Guidelines. Organized lunch-and-learn sessions for Judicial Clerks with The Honourable Frank Iacobucci and The Honourable Michael Moldaver.
 
Alberta Justice and Solicitor General, Edmonton | June 2011 – July 2014
Summer (2011, 2012) and articling (2013-14) terms with the following departments:
  • Prosecutions and Criminal Appeals: Second chair on R v Raynor (sexual assault causing bodily harm), R v Lopez-Garcia (aggravated sexual assault); R v Porter (fatal hit and run), R v Noel (prolific bank robber). Completed provincial and criminal trials with just outcomes.
  • Social Enhancement Legal Team: Completed litigation files involving Child Protection, Child Support, Maintenance Enforcement, and Office of the Public Guardian.
  • Civil Litigation: Obtained orders relinquishment of property and monies seized from the drug traffickers under the Victims Restitution and Compensation Payment Act. Helped draft record in judicial review of decision to close Michener Centre, Alberta’s remaining institution for people with developmental disabilities.
  • Office of the Public Trustee: Served 22 trust officers and their clients. Assisted a vulnerable Albertan with removing squatters from his property in Mannville.
  • Aboriginal Law: Provided direction to 10 client ministries on consultation and accommodation. Assisted legal team with drafting response to SCC leave to appeal application in R v Hirsekorn (leave refused). Conducted chambers applications and examinations for discovery. Conducted research for trial and appellate matters.
  • Central Services (Solicitors): Completed administrative license suspension appeal submissions on behalf of the Registrar of Motor Vehicle Services for the Alberta Transportation Safety Board (creating a fulsome practice of response that was adopted by Alberta Justice). Drafted services contract for Chief Medical Examiner.
Called to the Alberta Bar on August 4, 2014, by former Ass. Chief Judge James (Jim) Wheatley
 
British Columbia Legal Services Society, Vancouver | March – August 2013
Contracted by Legal Aid to improve objectivity in Gladue reports. Provided training to writers, edited reports, and organized an information session for students at UBC Law.
 
Justice and Attorney General, Surrey | January – May 2013
Invited by British Columbia Prosecution Service (Surrey Crown) to participate in a non-academic Performance as Judicial Intern led to Surrey Crown invitation to job shadow prosecutors including Winston Sayson QC who had me assist as second chair on R v Soderberg, a robbery and unlawful confinement judge and jury trial (note-taking, researching points of law, victim relations).
 
Provincial Court of British Columbia, Surrey | September – December 2012
Chosen by selection committee for Judicial Internship supervised by The Honourable Melissa Gillespie and The Honourable Kenneth W. Ball. Researched points of law and drafted materials for 13 judges at BC’s highest volume Provincial Court. Participated in Circuit Court with Judge J. Wingham in Bella Bella (Heiltsuk First Nation) and Klemtu (Kitasoo First Nation). Assisted then Judge K.W. Ball in R v Christensen, 2012 BCPC 0374 (providing research on constitutionality of mandatory minimum sentences). Assisted Judge J. Jardine with his publication “Warrants to Search: Investigative Tools or Judicial Roadblocks?”.
 
Indigenous Community Legal Clinic, Vancouver | September – December 2011
Articled temporarily in Vancouver’s Downtown Eastside under Director Sarah Rauch, provided free legal services to the Indigenous community in areas of criminal law, family law (including mediations), civil claims, and administrative tribunals and appeals. Completed Independent Assessment Process and Common Experience claims for residential school survivors.
 
London Drugs, Western Canada | March 2007 – August 2010
Worked full-time as an Internal Investigator, then part-time during undergraduate studies as an External Investigator. Highlights included training new hires, terminating a major counterfeit credit card operation, helping arrestees with recovery plans, running child identification clinics, and narrating the company’s employee training video.
 
Alberta Sheriffs, Northern Alberta | November 2005 – January 2007
Elected recruit training class valedictorian. Coordinated Sheriffs’ inaugural participation in 2006 Peace Officers’ Memorial. Provided enforcement during 2006 Stanley Cup riots in Edmonton.
 
VOLUNTEERISM
2021-Present: Civics Director, Parkdale-Cromdale Community League.
2019-Present: Vice President of the Alberta Criminal Justice Association Board of Directors.
2018: Invited to teach students at Norquest College about the legalization and regulation of cannabis in Canada. Appearances on Global News and 630 Ched regarding the same.
2017: Member of Alberta Council of Women’s Shelters’ Social Legal Issues and Ethics Committee. Commissioner for Peace Region High School Rugby League. Participant with Special Olympics hockey (pickup games) in Grande Prairie. Organized lunch and learn session for Crown Prosecutors on gendered violence (with educators from the Alberta Council of Women’s Shelters) in Edmonton.
2015-16: Board Member of Alberta Council of Women’s Shelters. Participant and coach with Special Olympics basketball in St Paul. Runningback Coach for St Paul High School Lions Football Club. Speaking to students at primary schools and secondary schools about criminal law and cyber bullying.
2015: Organized lunch-and-learn sessions with The Honourable Frank Iacobucci and The Honourable Michael Moldaver for Judicial Clerks at the Federal Court in Ottawa.
2013-14: Member of Alberta Courts’ R v Gladue advisory committee. Initiated Crown Prosecution Services Teddy-Bear-Drive for the Edmonton Humane Society and the Edmonton Emergency Relief Services Society. Helped raise over $18,000 for the Canadian Cancer Society as member of “Take It All Off For Cancer” charity event.
2011-12: Board Member with Vancouver Police Service’s Aboriginal Community Policing Centre Society. Assisted Vancouver Police Board with drafting new Missing Women and Children policy following “The Report of the Missing Women Commission of Inquiry” (Deputy Chief Constable Doug LePard formally recognized my contribution when policy was introduced to VPB). Member of BC Legal Services Society’s R v Gladue advisory committee. Initiated student-led goods drive for victims of 2011 wildfires in northern Alberta utilizing distribution services of Treaty 8 Tribal Council.
 
EDUCATION
Juris Doctor, University of British Columbia | September 2010 – May 2013
Vice President (1L) and President (2L) of the Indigenous Law Students’ Association Society & 1L Representative and Executive Director of Indigenous Perspectives on Student Development (2L) for the Law Students’ Association:
  • Organized volunteers to solicit Vancouver law firms to raise funds for high profile academic and social events.
  • Organized monthly lecture series and yearly Indigenous Awareness Week activities.
  • Worked collaboratively with Faculty on fee restructuring, accommodation, admissions, and curricula.
  • Organized annual Courage-in-Law Award (1L, 2L, 3L).
  • Invited by Dean Mary Anne Bobinski to co-host The Honourable Beverley McLachlin at Allard Hall grand opening on September 23, 2011.
  • Member of Faculty Curricula Reform Committee, which achieved implementation of Canada’s first program for 1L students on Aboriginal and Treaty Rights taught by Indigenous scholars.
Law Ambassador / Legal Education Outreach
  • Initiated “Ice Breaker” event for incoming first year law students from Edmonton (2L). Provided law presentations for Grade 12 students (2L). Provided information and conducted building tours for past and future students (2L, 3L).
Recipient of the Graduating Class of 1967 Award based on academic achievement, athletic achievement, and contributions to the university and community.
Represented UBC Law at 2012 Kawaskimhon Moot in Saskatoon (2L).
 
Bachelor of Education (History), Simon Fraser University | January 2008 – August 2011
Researcher for “Letters for the Inside”, non-profit university service providing federal inmates with post-release actions plans for education, training and employment. Undergraduate awards included Aboriginal Student Leader Award, Ethel Barbara Tuck Scholarship in Education, Rosslyn & Mary Penney Service Award. Scholarships for high GPA in all three years of undergraduate study.
Faculty recommended publication of research paper on Indian Act and need for reconciliation between the Crown and First Nations.
 
Police Diploma, Grant MacEwan University | September 2002 – April 2004
Elected Class President both years.
Organized student volunteer opportunities with Crimestoppers Edmonton.
Louise McKinney Scholarship for highest GPA in first year studies.
 
EXTRA-CURRICULAR
Running, hiking, and travel – most recently a bike tour through south-west Ireland.
 

advocacy & events

February 17, 2023

Anthony presents Indigenous Justice: Paths to Reconciliation at the Edmonton Public School Board’s annual Career Day.

February 10, 2023

Anthony invited to speak with University of Alberta law students about his multijural practice of law.

January 20, 2023

Anthony presents Indigenous Justice: Paths to Reconciliation at the Alberta Criminal Justice Association’s Webinar Series

January 2, 2023

Anthony speaks with Global’s Chris Chacon about the community interests in the City of Edmonton’s Exhibition Lands Redevelopment Project.

November 24, 2022

Anthony invited by the Alberta Restorative Justice Association to co-present with the Honourable Leonard (Tony) Mandamin at its nationally attended conference on Indigenous Justice: Paths to Reconciliation, highlighting recent community-led initiatives in self-government, criminal law, and child and family services.

October 26, 2022

Anthony invited by Western Cree Tribal Council to present its Child, Youth and Family Enhancement program at its Annual General Meeting for members of Sturgeon Lake Cree Nation, Duncan’s First Nation and Horse Lake Nation.

October 24, 2022

Anthony invited by the Office of the Child Youth Advocate to co-present with Brittiany Sunshine, Director of Child and Family Services for Western Cree Tribal Council, at its nationally attended conference on Practicing Kiskinohamakewin, and how service providers can use Cree relationship mapping to restore the sacred roles and responsibilities associated with good child raising.

June 11, 2022

Anthony lends his voice to the 2022 Lawyers’ Play in support of local theatre companies Concrete and Shadow, both hit hard by the pandemic. 

Click here to watch Anthony and his colleagues performing multiple roles in Joe Landry’s The 39 Steps: A Live Radio Play, directed by Edmonton’s own Reed McColm!

May 27, 2022

Anthony and Irene Morin hosts the Alberta Courts’ 4th annual Indigenous Legal Career Day live from Enoch Cree Nation (Treaty 6).

April 22, 2022

Oliver Litigation successfully defends appeal of MM v Alberta, 2021 ABPC 317, which granted Western Cree Tribal Council, the indigenous governing body for the affected First Nation, intervenor status in a private guardianship application involving children who were disconnected from their First Nation.

Justice J.T. Henderson, in declining to hear the appeal, reaffirmed the interlocutory decision of Judge J. Lloyd, and awarded costs to Western Cree Tribal Council for having to defend the appeal.

February 18, 2022

Return invitation by Edmonton Public Schools for Anthony to speak with high schools students about the Legal Profession at Virtual Career Day.

February 2, 2022

R v AB, Alberta Provincial Court, Edmonton Criminal Division

Two counts of assault with a weapon withdrawn following our client’s completion of programs and counselling, focused on family reunification.

January 7, 2022

Global News Edmonton by Chris Chacon

Anthony represents community interests as the City of Edmonton begins selling parcels of land as part of the Exhibition Lands Redevelopment Project.

https://globalnews.ca/news/8497476/edmonton-exhibition-lands-land-sale-redevelopment/

December 13, 2021

MM v Alberta (Child, Youth and Family Enhancement Act, Director), 2021 ABPC 317: child welfare decision of Judge J.C. Lloyd on the law of intervenor status for First Nations in private guardianship applications. The Court writes:

[37]   The obvious conclusion is that where the children are members of a band, the band will be permitted to participate in private guardianship proceedings if it wants to, unless there is a compelling reason to deny that permission. 

          […]

[39]   It is my direction that the Nation is given leave to participate further in these proceedings, and in particular, the band can participate in the trial of this matter and in any further interim hearings or proceedings that might be scheduled in advance of the trial. The Nation is permitted to call two witnesses at the trial […] and the Nation may file affidavits sworn by these two witnesses if it wishes. The Nation is entitled to cross examine witnesses and is permitted to make oral and written argument before the court. 

First Nations, in this case Sturgeon Lake Cree Nation (Treaty 8), are presumptively invited to benefit the Court with the perspective, views, and evidence of the child’s community.

December 7, 2021

Western Cree Tribal Council v SG et al, 2021 ABQB 967, rev’g Western Cree Tribal Council, Child, Youth and Family Enhancement v SG et al (10 February 2021), Grande Prairie CP021000555 (ABPC): unprecedented child welfare decision of Justice D.L. Shelley on Breach of Supervision Orders as least intrusive procedure that reduces court delay and focuses parents on remedying intervention concerns to enable reunification with children.

July 8, 2021 

R v Poucette, 2021 ABPC 192: Gladue sentencing decision of Judge A. Brown on cross-border travel considerations for members of Nakota First Nations in Canada and the United States, and application of Nakota teachings and remedial programs to reduce recidivism and promote healing for affected persons and communities.

June 25, 2021

Castanet Kelowna by Nicholas Johansen

Part 2 – Oliver Litigation represents the views and interests of the deceased’s family in the R v Westervelt murder file.

https://youtu.be/J-7w0Iio1No

June 14, 2021

Global News Kelowna by Jules Knox

Part 1 – Oliver Litigation represents the views and interests of the deceased’s family in the Kelowna BC R v Westervelt murder file.

https://globalnews.ca/video/rd/856d671e-bf3f-11eb-bdab-0242ac110003/?jwsource=cl

May 22, 2021

Global Canada’s The New Reality by Brennan Leffler and Jules Knox Global News

Oliver Litigation requests external pathology review after uncovering problems with the BC Coroner’s Service handling of the Arlene Westervelt water death investigation.

https://www.google.ca/amp/s/globalnews.ca/news/7870798/what-happened-to-arlene-westervelt/amp/

April 20, 2021

Invited by Edmonton Public Schools to speak with high schools students about the Legal Profession at Virtual Career Day.

March 4, 2021

Invited by Alberta Civil Trial Lawyer’s Association to present “Preparing Your Client for Trial” at Trial Advocacy seminar.

March 3, 2021

Organizer for Alberta Courts’ Indigenous Law Day held on-line due to COVID-19: see https://youtu.be/rOGwoEfjGTw

February 24, 2021

Stamos v Virk, 2021 ABQB 143, aff’g 2018 ABQB 349: interlocutory decision of Master W.S. Schlosser refining the law of limitation periods in the context of negligent legal practice, in this case a disbarred lawyer. 

January 26, 2021

CTV News Toronto by Jon Woodward

Oliver Litigation calls for reforms to RCMP Code of Conduct subsequent to Supt. Brian Gateley’s internal charges for jeopardizing Kelowna RCMP murder investigation.

https://www.google.ca/amp/s/beta.ctvnews.ca/local/british-columbia/2021/1/26/1_5282553.html

January 23, 2021

CTV W5 Investigation by Jon Woodward

Oliver Litigation assists the family of Arlene Westervelt after BC Crown stays murder charge against Bert Westervelt without consulting RCMP Major Crimes.

W5: Investigating a woman’s mysterious death in B.C.

October 7, 2020

Jeff Labine of the Edmonton Journal reports on a murder case where Anthony disproved his client’s legal culpability through his cross-examination of the Medical Examiner at the Preliminary Inquiry.

As consequence, the Crown withdrew the murder charge and Anthony’s client took responsibility for his true wrong doing, thereby facilitating a restorative justice outcome that brought closure and healing to the immediate and extended family of the parties.

September 14, 2020

Global News Kelowna by Jules Knox

Oliver Litigation represents the interests of victim’s family under BC’s Victims of Crime Act and Canada’s Victims Bill of Rights.

https://globalnews.ca/news/7335466/arlene-westervelt-suspicious-death/

November 14, 2019

Andrea Huncar of CBC News reports on wrongful conviction case that Oliver Litigation brought to the Alberta Court of Appeal for renewed consideration.

April 16, 2019

R v DG, Edmonton 161177548P1 (ABPC). Client charged with assault causing bodily harm, assaulting a police officer, and breach of probation.

Anthony assists Plains Cree client obtain placement at a culturally relevant residential treatment program at Bonnyville Indian Métis Rehabilitation Centre, which Anthony’s client attends and thereafter maintains path of recovery with no new charges.

At the contested sentencing hearing, the Provincial Court sentencing judge, upon hearing of the positive steps taken by the offender, orders a suspended sentence thereby facilitating a restorative justice outcome.

February 20, 2019

Anthony invited by Law Society of Alberta to present his research paper “Gladue and the Justice System: We Can Do Better” at the LSA’s Indigenous Laws and Legal Issues conference in Edmonton.

May 15, 2018

Anthony appears on Global Edmonton Morning News to answer Erin Chalmers questions about Canada’s legalization of cannabis.

January 9, 2018

R v Harper, Grande Prairie Provincial Court docket 170227516P1 (M. Golden, PCJ): Anthony facilitates sentencing circle in domestic criminal harassment case using the procedure endorsed by the Provincial Court in R v PD (7 March 2017), Grande Prairie 150449247P1, Wheatley, PCJ (ABPC). Assistant Chief Judge M. Golden accepts joint submission for a Conditional Discharge upon successful completion of probation (18 months).

December 11, 2017

R v Cardinal, 2017 ABPC 309: Anthony represents Provincial Crown in trial decision of Judge J. Sihra that demonstrates context driven, fulsome application of WD to asses credibility of witnesses in a case of domestic violence.

November 14, 2017

R v Norris & Norris, 2017 ABPC 282: Anthony represents Provincial Crown in trial decision of Judge D.R. Shynkar who refines jurisprudence showing why and how medical evidence is unnecessary to establish bodily harm.

November 7, 2017

R v Sydorko, 2017 ABPC 269: Anthony represents Provincial Crown in sentencing decision of Judge J. Sihra who surveys the law of aggravating factors in a case of reckless driving that did not cause physical injuries but jeopardized the lives of police officers and members of the public, resulting in community harm and emotional trauma to police and civilian victims.

November 6, 2017

Anthony represents Provincial Crown and Sturgeon Lake Cree Nation in summary conviction appeal decision of R v Papastesis (6 November 2017) Grande Prairie 160984423S1 (ABQB), rev’g R v Papastesis (6 July 2017) Grande Prairie 160984423P1 (ABPC).

Assistant Chief Justice K.G. Nielsen overturned the lower court decision and endorsed the Trespass and Residency prosecution program developed by Sturgeon Lake Cree Nation and Anthony in his capacity as Crown Counsel with the participation and support Valleyview Detachment Commander Carolin Respet.

Important to the self-determination of the First Nations in their relationship with Alberta Courts and those who found guilty of violating First Nations’ Trespass and Residency laws, ACJ Nielsen endorsed Anthony’s position that fine monies ordered by the Provincial Court as a form of sanction must be paid to the First Nation.

Note: This program can be prosecuted by self-governing First Nations as opposed to the Crown.

Oliver Litigation can assist with developing this program including the use of cultural sanctions for communities.

September 1, 2017

R v Fournier, 2017 ABQB 533, aff’d 2019 ABCA 265: Anthony represents Provincial Crown in summary conviction appeal decision of Justice J. Ross who upholds the lower court’s rejection of the defendant’s claim that the police must prove safety risks on an objective and subjective standard before performing safety searches aka pat-downs or frisk searches.

August 28, 2017

R v SB, Fox Creek Provincial Court docket no. 160218871P1 (J. Sihra, PCJ): Anthony facilitates sentencing circle in home invasion case using procedure endorsed by the Court in R v PD (see March 7, 2017, entry below). Judge Sihra accepted the joint submission for a Conditional Sentence Order.

March 7, 2017

Anthony facilitates sentencing circle in R v PD, Grande Prairie 150449247P1, Wheatley, PCJ (ABPC), a domestic aggravated assault case, using a procedure that relies on Cree teachings and appellate authority.

Former Edmonton Assistant Chief Judge James (Jim) Wheatley, after hearing about the procedure and subsequent outcome (reconciliation within and between immediate and extended family), accepted the joint submission for a Community Sentence Order of 2 year less 1 day, followed by 3 years’ probation.

Circle Procedure 

Overview:

  • Relevant factors to consider before using this procedure includes 1) the Offender and the Victim’s agreement to participate following careful review of this procedure, 2) the availability for balanced representation of the Victim and the Offender including their support network (family, friends, Victim Service worker), and the Community (probation, police, community leaders, etc). Nb. The sentencing judge is not excluded but their participation is not required unless s/he wishes to facilitate the circles with agreement that doing so may create a conflict that May require their recusal from deciding the sentence should dispute arise.
  • Guilty plea entered and Agreed Statement of Facts (ASF) must be filed before this procedure occurs. The Court should be advised that a sentencing circle may be held prior to sentencing.
  • Facilitator explains grounds rules to attendees (without prejudice, one person speaks at a time without exception, respect for the views of others, as many breaks as needed, consensus required for joint position on terms of CSO/probation); parties must agree to abide by these conditions before the circles begin, and agree to leave the room should they fail to abide. 

Circles:  

  • Circle 1: Circle begins with Victim, ends with Offender. Each person introduces her/himself and explains his/her relationship to the Offender (break taken);
  • Circle 2: If applicable, each person shares their positive experiences with the Offender prior to the offence (break taken) (nb. this portion should focus on humanizing the offender without diminishing trauma to the victim and family resulting from the offence);
  • Circle 3: ASF and Exhibits read aloud by facilitator as means of establishing the specific injuries (aggravating factors);
  • Circle 4: Each person shares her/his recall of the offences and consequent trauma/injuries (break taken); 
  • Circle 5: Offender goes person-to-person ending with the Victim explaining in his/her own words how his/her actions impacted each party and the community (break taken); 
  • Circle 6: Starting with the Victim, each person shares his/her views on appropriate sanctions; 
  • Conclusion: Offender responds to these views as a whole (this is intended to confirm the offenders buy-in and participation in her/his own sentencing); and, consensus (not required but desirable) is formed on terms of Community Sentence Order or Probation and duration, restitution (consensus outcomes/terms are signed by parties with disputed terms noted by the facilitator for reference by counsel at sentencing hearing)
  • Parties must be reminded that the sentencing judge is not bound to the outcome/terms agreed by the parties but that R v Anthony-Cook, 2016 SCC 43 makes it mandatory for the Court to follow a joint proposal on sentence unless the administration of justice would be brought into disrepute. 

Reporting to Court at Sentencing:  

  • Start with providing the case of R v BL, 2002 ABCA 44, a memorandum of judgment by a panel of three (Mr Justice Sulatycky, Mdm Justice Conrad, Mdm Justice McFadyen concurring in result), to assist the Court’s consideration of fitness and compliance with CC ss 718 to 718.3 of the proposed sentence.
  • First, explain the degree of responsibility the Offender took during the circles for the offence and the background factors that contributed to the offence.
  • Second, the perspective of the Victim and the community as it relates to the harm done and appropriate sanctions going forward.
  • Third, argument on whether, based in circles outcomes, imprisonment would effectively serve to deter or denounce the crime in a manner that would be significant to the Offender, the Victim and the Community, or whether crime prevention and other goals under 718-718.2 would be better achieved through a sentence focused on rehabilitation with terms of CSO or probation explained to the Court.

Nb. Using this one day procedure saved judicial resources (one week trial), and created a best possible outcome for the victim, the offender, and the community (promoting lasting healing for all parties, which reduces the risk of recidivism and negative outcomes for the complainant)

R v Williams, 2016 ABQB 327, rev’g 2015 ABPC 221: Anthony represents Provincial Crown in unprecedented ruling of Justice P.B. Michalyshyn who confirms that flight from police is a general intent offence that does not require proof of motive to evade.

R v Lofstrom, 2016 ABPC 197, aff’d 2018 ABCA 5: Anthony represents Provincial Crown in trial decision of Judge R.S. Saccomani that strengthens the law of breaching contact conditions in high-conflict domestics.

Judicial Clerkship at the Federal Court of Canada for the Honourable Leonard (Tony) Mandamin, IPC, where his work centred on the Alderville litigation, a longstanding dispute about the making, terms, interpretation and implementation of the 1923 Williams Treaties.

The action was filed in 1992 by the seven Williams Treaties First Nations and went to trial in 2012.

Anthony participated in the trial during a critical phase where historical evidence required modern interpretation and the Court’s balancing of procedural fairness with purposive interpretation consistent with s. 35(1) of the Canada Act 1982.

The Court’s handling of this litigation guided the parties, including the Defendants’ Northern Affairs Canada and the Province of Ontario, and the Plaintiff Williams Treaties First Nations, to reach an out-of-court settlement in 2018, the terms of which included:

– Financial compensation of $1.11 billion ($666 million by Canada and $444 million by Ontario).

-An entitlement for each First Nation to add up to 11,000 acres of land to their reserve land base subject to Canada’s Additions to Reserve/Reserve Creation policy. The First Nations are responsible for acquiring these lands.

-Recognition of the First Nations’ continuing treaty harvesting rights and a commitment to continue to work together to implement these rights.

-A commitment by Canada and Ontario to provide an oral and written statement of apology to the Williams Treaties First Nations.

Achieved through partnership and dialogue, the settlement advances reconciliation and resolves outstanding issues in a way that respects the rights and interests of the seven Williams Treaties First Nations and all Canadians.

Student-at-Law

July 15, 2014

R v Micks, 2014 ABPC 140: Anthony provides written submissions on behalf of Provincial Crown resulting in survey decision by Judge M.G. Allen on justification for use of force by police when dealing with assaultive subjects.

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