AMLC lawyers to represent interveners in religious freedom case

AMLC lawyers John Trueman and Chloe Trudel will represent the British Columbia Humanist Association in an important appeal to help define the boundary between privacy rights and religious freedom. 

On June 12, 2024, Court of Appeal Justice Winteringham granted leave to intervene to the BC Humanists and another organization, the Association for Reformed Political Action. In her reasons, Justice Winteringham noted that “both the BCHA and the ARPA have experience and expertise, as well as a unique perspective, which will be of benefit to the division hearing the appeal.”

The appeal itself, which will be heard on October 29, 2024, involves a challenge by certain religious organizations and individuals to the constitutionality of the Personal Information Protection Act, the BC law that governs how private sector organizations collect, use, and disclose personal information. The BC Humanists will argue, among other things, that religious freedom should not become a vehicle to subvert the privacy rights of individuals, including people who have chosen to leave organized religion. AMLC lawyer Wes McMillan represented the BC Humanists in the trial court.

The British Columbia Court of Appeal allows interventions sparingly. Any proposed intervenor must offer a “unique and different perspective that will assist the Court in the resolution of the issues” without seeking to “expand the scope of the appeal by raising issues not raised by the parties.” 

Allen / McMillan Litigation Counsel’s award-winning pro bono practice often includes public interest interventions for organizations such as the BC Humanists, who bring important perspectives to the law but have limited resources. AMLC lawyers have previously represented the BC Humanists at the BC Human Rights Tribunal, the BC Supreme Court and, on two occasions, at the Supreme Court of Canada.

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To read the Court of Appeal’s reasons on the application to intervene, visit 2024 BCCA 291.

Wes is back from sabbatical!

We are pleased to welcome Wes McMillan back to the office after an eight month sabbatical.

Wes' sabbatical was in the works for over three years, and was facilitated through a lot of hard work by the lawyers and staff at the firm. AMLC is proud to mark the success of the first of its partner sabbaticals. Wes is returning to the office refreshed and energetic, but sadly has not become a polyglot or an Instagram influencer during his time away. 

AMLC, Greg, Nojan, Thea, Wanda and Wes are being recognized by Best Lawyers®

Congrats to Greg, Thea, Wanda, and Wes for being recognized in the 19th edition of the Best Lawyers in Canada™ and to Nojan for being recognized in the 4th edition of Best Lawyers: Ones to Watch in Canada™. 

This is Thea and Nojan’s first time being recognized by Best Lawyers, Greg and Wanda’s second time, and Wes’ 4th year in a row! 

You can learn more about Best Lawyers®, a peer review publication and a source of legal referrals, on their website, www.bestlawyers.com.

AMLC Hosted a 2L Summer Student Employer Tour

AMLC hosted a Firm Tour in June and we were happy to welcome students from Peter A. Allard School of Law, University of Victoria, and Thompson Rivers University to our office! Thank you to the group of students who came out. We are looking forward to seeing some new and familiar faces during Allard's and UVic's on campus interviews in the coming weeks.

AMLC has been selected as a 5-Star Pro Bono Firm by Canadian Lawyer Magazine

AMLC is proud to share its selection as a 5-Star Pro Bono Firm by Canadian Lawyer Magazine. Pro bono work is especially important to our team, and our lawyers have represented individuals and organizations on a pro bono basis at all levels of court in British Columbia, as well as before the Supreme Court of Canada. We are grateful for this recognition and, more importantly, the opportunity to continue to do meaningful legal work for the broader community.

This is Canadian Lawyer’s second annual 5-Star Pro Bono Firms special report, which recognizes Canadian law firms that demonstrate pro bono infrastructure at an institutional level. 

You can learn more about the award here:
Canadian Lawyer reveals 5-Star Pro Bono Law Firms for 2024 | Canadian Lawyer (canadianlawyermag.com)

For more information on Allen / McMillan’s pro bono public law practice, please contact Greg at greg@amlc.ca.

John Trueman and Katelyn Chaudhary win property assessment appeal involving Galiano Island forest land

AMLC lawyer John Trueman and articled student Katelyn Chaudhary successfully represented a managed forest land owner on Galiano Island in an appeal against a decision of the BC Property Assessment Appeal Board.  The landowner had a 960 square foot unfinished dwelling on his 90-acre property, which he used and slept in while managing the forest.  The assessor had classified the land beneath the dwelling as “residential,” thus depriving the landowner of the preferential tax treatment afforded to private managed forest land owners.

On appeal, the BC Supreme Court held that the landowner’s use of the dwelling to further the production and harvesting of forest resources on his property was sufficient to maintain the managed forest land classification.  The Board had fallen into error by imposing additional requirements, such as considering whether a dwelling was “required” to manage the forest, or whether it was “integrally related” to the production or harvesting of forest resources.

Articled student Katelyn Chaudhary, making legal submissions in court for the first time in her career, successfully argued that the Board failed to properly consider the actual road and water distances involved in transporting logs from Galiano Island to the nearest sawmill.

For many years, AMLC lawyers have defended the rights of private managed forest owners on Galiano Island to live on their properties, just as many farmers live on their farms.  This decision reinforces the principle that managed forest land owners should not lose that classification when they have a dwelling they use to help manage the forest.

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To read the decision, visit 2024 BCSC 561.  For more information on Allen / McMillan’s real estate litigation practice, please contact Wes McMillan at wes@amlc.ca or John Trueman at john@amlc.ca.