Latest news with #SaskatchewanCourtofAppeal
Yahoo
5 days ago
- General
- Yahoo
Saskatchewan court orders SaskTel to relinquish info related to 'victimsvoicesregina' Instagram account
A court has ordered SaskTel to hand over information that a man was seeking in an effort to identify people he says are responsible for defaming him on a former Instagram account known as 'victimsvoicesregina.' The bottom-line decision from the Saskatchewan Court of Appeal was made on May 8, but the court's published reasons for that ruling were recently made available online. The decision is from a panel comprising Justice Georgina Jackson, Justice Meghan McCreary and Justice Keith Kilback. It lays out how Ryan Boldt filed a lawsuit in 2021 against Meta Platforms, Inc., as well as three unknown individuals listed within the court documents as Jane Doe, Betty Doe and Sally Doe (the Does). Meta owns and operates social media platforms such as Facebook and Instagram. The appeal decision indicates that Boldt alleges 'the defendant, Betty Doe, created a false and defamatory story that she was sexually harassed by Mr. Boldt in the course of her employment.' He further asserts, according to the decision, that this story was then given to Jane and Sally, who were the administrators of the victimsvoicesregina account, on which it was published 'without taking any steps to verify the accuracy of the Post or the associated comments made by others on the page.' In 2020, the victimsvoicesregina Instagram account posted many stories of alleged sexual assault and harassment that were said to have taken place within the city. 'Mr. Boldt claims that he suffered damages because of the defamatory Post, which he quantifies at $1,000,000,' the decision states, noting he also seeks punitive and aggravated damages. However, it goes on to say that Boldt doesn't know the true identities of the Does. For the lawsuit to proceed against them, they have to be formally notified of it, which would require Boldt to determine who they are. For that purpose, he's gone through the courts in an effort to gain information from SaskTel, Telus Communications Inc., and Access Communications Co-operative Limited. The decision notes a 'cyber security investigator' was hired on Boldt's behalf. The investigator wrote an affidavit stating that, through information provided by Facebook Inc., he learned that the Does accessed the victimsvoicesregina Instagram account through those internet service providers. Stories of the Year: Survivors' Stories shed light on Regina's problem with sexual violence Boldt sought a court order directing the companies to provide 'Identifying Documents' relating to specific activity from certain IP addresses (numeric addresses assigned to devices connected to the Internet). He was looking for documents containing: 'account holder name(s); account holder address(es); account holder billing information; account holder email addresses; physical addresses related to IP addresses; and any other identifying information.' The appeal decision states that while Telus and Access took 'no position' with respect to Boldt's application for such an order, SaskTel opposed it, arguing among other things that the documents were subject to solicitor-client privilege. Boldt narrowed his application to seek only those documents contained within a SaskTel legal file relating to another case. The decision notes this was presumably done because SaskTel stated it didn't 'possess, have custody of, or control of' any such documents other than those which might be on that file. A lower court judge had previously dismissed Boldt's application, finding that the documents were subject to solicitor-client privilege, but Telus and Access were ordered to disclose their documents. On appeal, the three judges of Saskatchewan's highest court decided the lower court judge's decision with regard to SaskTel contained multiple legal errors. SaskTel did not tender evidence to establish the documents would be covered by privilege, and the onus was on the telecommunications company to do so, according to the appeal decision. Further, even if the information was privileged, that would not have legally precluded its disclosure, so long as certain conditions could be met, the appeal decision states. The appeal judges ordered SaskTel to give Boldt the documents. However, the decision goes on to specify that the documents 'shall be held by him and his solicitors in the strictest confidence and shall be used by them only for this specific litigation in which they were obtained.' The Regina Leader-Post reached out to Boldt through his lawyer, Madlin Lucyk. She advised that Boldt was not interested in providing any comment. bharder@ The Regina Leader-Post has created an Afternoon Headlines newsletter that can be delivered daily to your inbox so you are up to date with the most vital news of the day. Click here to subscribe. With some online platforms blocking access to the journalism upon which you depend, our website is your destination for up-to-the-minute news, so make sure to bookmark and sign up for our newsletters so we can keep you informed. Click here to subscribe.
CBC
28-03-2025
- CBC
Convicted killer Robert 'Bobby' Thomas wants new trial in murder of Megan Gallagher
Social Sharing The man who pleaded guilty to second-degree murder in the death of Megan Gallagher wants a new trial. Robert "Bobby" Thomas had been charged with first-degree murder in Gallagher's death in 2020. Last October, he pleaded guilty to the lesser charge and, in December, was sentenced to life in prison with no chance of parole for 18 years. Last month, he applied at the Saskatchewan Court of Appeal to extend the period allowed to launch an appeal. His 30-day window to appeal passed in early January. The court must now decide whether it will even hear an appeal. None of this sits well with Brian and Deb Gallagher. "The reasons for our confusion and shock are multifaceted," Brian Gallagher said Friday. Thomas pleaded guilty at Court of King's Bench on Oct. 7. Justice Daryl Labach reconfirmed on Nov. 26 that Thomas made the plea willingly. At his sentencing on Dec. 6, Thomas apologized to Gallagher's family in open court. Deb Gallagher is not sure why the appeal court would hear the case. "It makes you question the date when they say it's a 30-day appeal period. This is three months after the fact," she said. In his notice of appeal, Thomas cites unspecified "Charter right violations," adding he hopes "to have one last chance of having some kind of life with my four kids. They lost their mom to an overdose in Sept. 2024, so I wanna make sure they have one parent to go to, and I feel I haven't had a fair court case either." Gallagher's body found in South Saskatchewan River Gallagher, a 30-year-old mother, went missing more than four years ago in Saskatoon. She was last seen leaving her friend's house on Sept. 19, 2020. Two years later, her body was found in the South Saskatchewan River. Gallagher's family had spent the intervening years searching for her and hosting annual walks to raise awareness about her disappearance. In total, nine people have faced a variety of charges in connection with Gallagher's death: Summer-Sky Henry, Roderick Sutherland and Cheyann Peeteetuce were all charged with first-degree murder. Henry and Peeteetuce pleaded guilty to manslaughter. Sutherland is set for trial later this year. Thomas Sutherland was charged with manslaughter but it was stayed. Ernest Vernon Whitehead, 41, has been sentenced to 739 days in jail on a charge of indignity to human remains. Jessica Badger [Sutherland], 44, was given a conditional sentence order of two years less a day on the same charge, which means she serves it in the community. After that, she will be on probation for 18 months. John Wayne Sanderson was sentenced to 1,096 days on the same charge, minus 327 days for pre-sentence custody. Robin John was charged with unlawful confinement and aggravated assault, but the charges were stayed last fall.
Yahoo
28-03-2025
- Politics
- Yahoo
Supreme Court refuses to hear case about Saskatchewan COVID-19 restrictions
A ruling by Canada's highest court has dashed the legal hopes of two Saskatchewan people who've spent years challenging the constitutionality of gathering restrictions imposed during the COVID-19 pandemic. Jasmin Grandel of Regina and Darrell Mills of Saskatoon attended outdoor protests critical of government-imposed measures to combat COVID-19. Between Dec. 19, 2020 and May 15, 2021, Grandel was ticketed eight times and Mills only once. The pair disagreed with the rulings of two consecutive Saskatchewan courts, which held that while restrictions had violated constitutional rights, the violations were justified under Section 1 of the Charter of Rights and Freedoms. The section states that rights and freedoms can be limited, 'so long as those limits can be shown to be reasonable in a free and democratic society.' At the Saskatchewan Court of Appeal, which is the province's highest court, the duo argued that a lower-court judge was wrong in treating the alleged violations — freedom of expression (Section 2(b) of the Charter), assembly (Section 2(c)) and association (Section 2(d)) — 'as though they were the violation of a single right rather than conducting a cumulative analysis.' That judge wrote that, 'so long as the freedom of expression analysis sufficiently accounts for the assemblage and associative rights engaged,' he saw no need to 'duplicate the analysis across multiple Charter rights.' A three-judge panel at the Saskatchewan Court of Appeal agreed. And it was on this point that Grandel and Mills hoped the Supreme Court of Canada (SCC) would hear them out. They were represented by lawyer Andre Memauri, who is associated with the legal advocacy group Justice Centre for Constitutional Freedoms. The group's website indicated the pair planned to argue to the SCC 'that Saskatchewan's Covid gathering restrictions were primarily an unjustifiable limitation of the freedom of peaceful assembly, which was not centrally considered.' Essentially, Grandel and Mills needed to ask the Supreme Court for permission to appeal the last Saskatchewan ruling. In legal terms, they applied for 'leave to appeal.' Their application was dismissed on March 6, meaning the court declined to hear their appeal. 'The Supreme Court of Canada will only hear an appeal if the case raises a question of public importance,' states the SCC website. 'You must convince the Court that your case should be heard.' An application requesting leave, prepared by Memauri, stated the case presented issues of 'national importance.' However, given the SCC ruling on the case, the court was not convinced. Advocacy group challenges tickets handed out during Saskatoon lockdown protest Sask. COVID-19 restrictions case arrives at Supreme Court's doorstep bharder@
CBC
18-02-2025
- Business
- CBC
The house loses again: Court dismisses SIGA's appeal of $1.2M awarded to wrongfully fired worker
The Saskatchewan Indian Gaming Authority (SIGA) couldn't convince a panel of judges to overturn a decision that awarded a wrongfully fired worker $1.2 million to cover long-term disability costs, plus $50,000 in damages for SIGA's "reprehensible behaviour" during the 12-year legal battle. Last week, the Saskatchewan Court of Appeal dismissed SIGA's appeal of a 2022 decision that found the casino operator wrongfully fired Chadwick 'Chad' Pasap, a longtime employee at Bear Claw Casino near Carlyle, Sask. The earlier court decision awarded Pasap $1.2 million in damages for lost long-term disability payments for his wrongful termination in 2012 and chided SIGA for its conduct during legal proceedings. "I agree that SIGA engaged in reprehensible behaviour by fabricating the reason Mr. Pasap left his employment and then by maintaining that position for close to ten years," Justice Janice McMurty wrote in her decision. Pasap worked his way up from a general labourer to a facilities manager supervising other employees. A back injury put him on temporary disability leave, but shortly after returning to work in 2012 he was fired. SIGA argued Pasap resigned his position and therefore did not qualify for benefits. Pasap argued he was given a choice by his manager: resign or be fired. SIGA claimed Pasap's job performance sharply declined, but the court noted SIGA failed to present any evidence proving so. The complexity of the case stemmed from the "notice period" — the set amount of time a dismissed employee remains eligible for benefits when given sufficient notice of termination. A few months after he was fired, Pasap suffered congestive heart failure, which required multiple surgeries and left him with long-term disabilities. "Had [Pasap] not been wrongfully dismissed or fired, he would have been eligible for long-term disability benefits," said Regina-based lawyer Jeff Grubb, who represented Pasap during the appeal. "Since he was wrongfully fired, he didn't have access to those benefits through the benefits provider. And so in accordance with the law, when that happens, the employer becomes liable for those lost benefits." The initial court decision ruled SIGA failed to follow its own employment policies when it dismissed Pasap and therefore he was eligible for long-term disability benefits until age 65. Pasap was 47 when SIGA fired him in 2012. The court ruled that Pasap's notice period would have been eight months, had SIGA properly dismissed him. Grubb said Pasap was very active and respected on White Bear First Nation, but that's changed since the heart failure. "Chad has really struggled since the medical incident," Grubb said. "He's tried to work and he's had difficulty doing it. He's just not the same person he was before. So that's been a challenge for him. But he perseveres." SIGA runs seven casinos across the province and reported $138.8 million in profit on revenue of $346.6 million in the 2023-24 fiscal year.
