Canadian Forum on Civil Justice

Ell v. Alberta Collection

Descriptive Summary

 

Title:

Ell v. Alberta Collection

 

Dates:

1999 - 2003

 

Abstract:

Court documents from Ell v. Alberta, 2003 SCC 35.

 

Case Summary

 

Decisions

 

The Alberta Justice of the Peace Act authorized an independent Judicial Council to set minimum qualifications for justices of the peace exercising judicial functions. The applicants are justices of the peace who did not meet the new requirements were removed from office and offered administrative positions. They argued that this was unconstitutional because it was contrary to constitutional guarantees of security of tenure and independence.

The applicants succeeded at trial and in the Court of Appeal. The Supreme Court overturned the lower courts, finding that the removal from office was neither arbitrary nor discretionary, but part of a structural reform to strengthen the qualifications and independence of Alberta's justices of the peace.

 

Supreme Court of Canada
Ell v. Alberta, 2003 SCC 35.

 

 

Alberta Court of Appeal
Alberta v. Ell, 2000 ABCA 248.

 

 

Alberta Court of Queen's Bench
Ell v. Alberta, 1999 ABQB 45.

 

 

 

 

 

Factums (SCC)

 

 

Appellant Alberta’s Factum

 

 

Respondents Ell et al.’s Factum

 

Expert Evidence

 

 

 

 

 

 

 

Ken Hawrelechko

 

 

 

Senior Manager of Operations for Court Services, Alberta Department of Justice

Affidavit testimony regarding the duties performed by Justices of the Peace in Alberta, the categories into which they are divided, and recent reforms which have affected the profession, including reproductions of four expert reports.

 

 

 

 

 

 

 

 

  

 

 

 

 

 

Dr. Rod MacLeod

 

 

 

Professor of History, University of Alberta

Expert testimony on the history of the administration and enforcement of justice, with an emphasis on the evolution of the offices of magistrates and justices of the peace in England and Canada.

 

 

 

 

 

 

 

 

 

 

 

 

Dr. Ian Greene

 

 

 

Associate Dean of Arts and Associate Professor of Political Science, York University.

Expert testimony in the political science study of law with an emphasis on judicial independence and the administration of courts and related officials.