The importance of the legal system can never be understated.
Serving as the foundation of democratic societies, its intent is to create and maintain a safe society for all people living in the country.
It applies to everyone regardless of age, race, wealth and is designed to protect the rights and freedoms of citizens enshrined in the Canadian Charter.
From various levels of courts provincially and federally to tribunals and other similar setups with legal authority, the legal system establishes a structure to provide due diligence.
Though it offers the principles necessary for a successful system, there’s little doubt flaws exist. Anyone who has had to use legal aid in any province with its significant resource deficiencies knows financial limitations severely impact someone’s ability for representation.
The process itself can be painfully slow as lawyers go back and forth during disclosure, dates are set months and sometimes years away and uncertainty creeps in.
There’s little doubt legal rulings can fall far short of what some people may want, though being heard shouldn’t be confused with not getting what you want.
Consideration of how a Western-based system drawn from English common law impacts Indigenous peoples is significantly lacking, with more work needed to recognize ideals such as Indigenous self-governance.
Regardless of the flaws – with a court decision not always guaranteeing justice – it can create a set of rules for all to abide by when a decision of the court is reached.
In the Bow Valley, several ongoing or upcoming legal cases are top of mind.
In Calgary, a jury quickly found John-Christopher Arrizza guilty of murdering born and raised Banff resident Ethan Enns-Goneau in 2022. During the week-and-a-half trial, there was never a question of Arrizza’s guilt but whether it was manslaughter or the more serious sentence of murder.
The Parole Board of Canada rejected the release of Albert Muckle, who was found guilty of sexually assaulting and attempting to murder a 21-year-old Banff hotel worker – whose name is protected by a publication ban – in 2005. The woman was pregnant at the time of the assault.
The parole board, as it has numerous times in the past, found Muckle to be too dangerous to be released and he will remain in prison for the foreseeable future.
A brief hearing was held for Austin Desylva Sept. 23, who is charged with attempted murder after allegedly starting a shootout with police officers in Canmore last year. His trial is scheduled for 2025.
Banff RCMP officer Garret Claxton was charged with break and entry earlier in September following a lengthy Alberta Serious Incident Response Team investigation. The next court date is Oct. 9.
Banff Coun. Hugh Pettigrew pleaded not guilty to sexual assault, with a trial date set for 2025.
The Town of Canmore and developers will face off in the coming weeks at the Land and Property Rights Tribunal over council’s passing of the off-site levy bylaw earlier this year.
The Court of King’s Bench dismissed an application from Three Sisters Mountain Village Properties Limited to halt an attempt by Bow Valley Engage and Stoney Nakoda First Nation to have a new environmental impact assessment for lands approved for development. Though there are several more steps before an assessment could be ordered, it survived the first hurdle in what could be a year’s long process.
There will always be calls for the legal system to be overhauled or reformed, but when it comes to potentially creating a precedent or making lasting decisions that are generational in nature speed, should be one of the last considerations.
A careful and patient process is necessary when potentially stripping someone’s civil rights guaranteed under the charter.
The rule of law can ultimately provide clarity, give a measure of relief and be part of a healing process. It can hold people or organizations accountable, can ensure rules are enforced and that a decision or decisions have consequences.
Few, if any, systems are perfect, with the law no exception.
It is, ultimately, the final power to keep public and private matters in check when dealing with the rights and interests of people.
