Brendan Miller Explained

Brendan Myers Miller is a Canadian lawyer based in Calgary who has worked on criminal and civil cases. His clients include the Blood Tribe First Nation, former National Hockey League player Theo Fleury, Alberta Minister Ric McIver, former Alberta Minister of Justice Jonathan Denis and Canada convoy protesters.

Career

Miller is a Calgary-based[1] criminal defence[2] and constitutional lawyer, and general litigator [3] who is Special Counsel at Foster LLP.[4] His notable clients include the Blood Tribe First Nation,[5] former NHL star Theo Fleury,[6] Alberta Minister Ric McIver,[7] and former Alberta Minister of Justice Jonathan Denis.[8]

In 2013, Miller successfully argued the United Nations Convention on the Rights of Persons with Disabilities in order to keep his client, convicted of sexual assault, out of jail,[9] though this later overturned by the Appeal Court, and substituted with a sentence of 90 days in jail to be served on weekends, plus one year of probation.[10] In 2013 and 2014 he was part of the legal team representing Heather Wilson Duncan who was acquitted of second degree murder in shooting death of her husband, but convicted of manslaughter and receiving a four-year sentence.[11]

In 2015, he provided pro bono legal services to a couple who sought to keep their daughter on life support.[12] In 2017, Miller constitutionally challenged on behalf of a client the inability for persons accused with securities fraud to have a jury trial, and argued the same before the Supreme Court of Canada.[13]

In 2018, Miller was counsel to Ric McIver in a dispute with the Alberta Conflicts of Interest Commissioner, regarding whether the Commissioner's report and decision was subject to judicial review. The Court ruled that the Commissioner's report and decision were subject to parliamentary privilege, and therefore immune from review by the Courts.[14] Also in 2018, Daniel Colborne and Miller were successful in challenging the prohibition of common law unmarried couples in dividing their pensions upon separation in Alberta, with the Court finding the legislation violated equality rights in s.15 of the Canadian Charter of Rights and Freedoms.[15] [16]

In 2021 Miller acted for former NHL star, Theo Fleury, in a dispute over the ownership of the rights to Fleury's life story.[17] That same year, Miller lead a coalition of Canadian lawyers seeking the prosecutor of International Criminal Court, Karim Khan, open a preliminary investigation on the Government of Canada and the Vatican for crimes against humanity over their involvement in the mass grave site discovered in Kamloops.[18] Khan declined the request, on the basis that the crime had not occurred on or after July 1, 2002. Miller and other lawyers maintained that the federal government and the Vatican suppressed their alleged crimes beyond 2002, amounting to a continuing offence. Khan didn't address the argument in their rejection.[19]

In Spring 2022, Miller defended former Alberta Minister of Justice, Jonathan Denis, in contempt proceedings.[20] On appeal, Professor Peter Sankoff K.C. as lead appeal counsel, and Miller, acted for Denis where the Alberta Court of Appeal quashed the conviction for contempt.[21]

In Fall 2022, Miller represented some of the Canada convoy protestors at the Public Order Emergency Commission.[22] His application at the commission to have a man testify that an Enterprise Canada employee was identified as the man carrying a Nazi flag at the Ottawa protests in a sworn affidavit filed with the commission,[23] and Miller's cross-examinations, caused Politico to label Miller as the "Biggest Firebrand of 2022".[24] Justice Paul Rouleau who ran the commission described the claim as having "little foundation in evidence."[25] Miller was later removed from the commission after arguing with and talking over Justice Rouleau regarding redacted records, outstanding motions, and calling of witnesses, but was let back in that day.[26] Eventually by the end of the commission, Miller succeeded in forcing the government of Canada to resubmit unredacted copies of 20 documents to the inquiry.[27]

Public relations company Enterprise Canada launched a legal claim for damages in the Ontario Superior Court of Justice on December 20, 2022, stating that Miller's claims that their employee took the Nazi flag to the protest were false. Enterprise Canada previously served a defamation notice on Miller in November 2022.[28] On February 31, 2023, Enterprise stated that they and Miller had resolved the legal case.[29] Miller refused to apologize or retract the allegation.

In Fall of 2023 Miller acted for the Blood Tribe at the Supreme Court of Canada regarding a large treaty land claim. Miller had earlier acted for the Blood Tribe on the trial of the matter,[30] where the Federal Court of Canada found the Government of Canada deprived the Blood Tribe of more than 160 square miles of reserve land in breach of Treaty 7 and s.35 of the Constitution.[31] The Federal Court of Appeal overturned the trial decision on the sole basis of a limitation period defence that the Government of Canada lost at trial, and in February 2023 the Supreme Court of Canada granted leave to appeal the case.[32] Miller argued the case before the Supreme Court of Canada on October 12, 2023.[33] The Supreme Court of Canada was critical of the federal government’s position as the federal government lawyer acknowledged at the hearing that Ottawa had acted “dishonourably” in breach of Treaty 7; the Court reserved their decision.[34] In April 2024 the Supreme Court of Canada granted the appeal in part and issued a declaration that Canada breached Treaty 7. [35]

Miller has taught at Mount Royal University and University of Calgary Law School.[36] In 2021 Miller was the course designer for Canadian constitutional law in the joint program between the University of Sussex Law School in England and Wilfrid Laurier University, and became the course’s inaugural instructor that same year which he teaches to this day.[37]

Personal life

Miller is married with a daughter.

Notes and References

  1. Web site: McGregor . Glen . 2022-12-21 . 'Freedom Convoy' lawyer sued over Nazi flag claim . 2022-12-24 . . 2022-12-24 . https://web.archive.org/web/20221224033310/https://www.ctvnews.ca/canada/freedom-convoy-lawyer-sued-over-nazi-flag-claim-1.6204577 . live .
  2. News: Grant . Meghan . 21 Nov 2017 . Kevin Rubletz's lawyer points to mother, stepfather as killers as murder trial winds down . CBC . 24 December 2022 . 24 December 2022 . https://web.archive.org/web/20221224033319/https://www.cbc.ca/news/canada/calgary/jessica-newman-murder-trial-kevin-rubletz-defence-evidence-1.4413155 . live .
  3. Web site: Dishing with DKG: Convoy lawyer Brendan Miller reveals why he didn't cross-examine Trudeau . 2022-12-24 . nationalpost.
  4. Web site: Brendan Myers Miller Calgary Lawyer . 2022-12-24 . www.fosterllp.ca . en . 2022-12-24 . https://web.archive.org/web/20221224034013/https://www.fosterllp.ca/partners-associates/brendan-myers-miller . live .
  5. News: Pike . Helen . 6 Dec 2018 . Big Land Claim battle in southern Alberta wraps up in Federal Court . CBC . 24 December 2022 . 24 December 2022 . https://web.archive.org/web/20221224033316/https://www.cbc.ca/news/canada/calgary/blood-tribe-court-federal-land-dispute-claim-alberta-kainai-1.4934806 . live .
  6. News: Grant . Meghan . July 6, 2011 . Hollywood movie about Theo Fleury stalled as autobiography co-author claims ownership over his life story . CBC News . April 25, 2023 . February 5, 2023 . https://web.archive.org/web/20230205001853/https://www.cbc.ca/news/canada/calgary/theo-fleury-kirstie-mclellan-day-playing-with-fire-movie-lawsuit-1.6091225 . live .
  7. News: Grant . Meghan . March 2, 2017 . Interim PC leader Ric McIver taking ethics commissioner to court over conflict of interest findings . . January 1, 2023 . January 1, 2023 . https://web.archive.org/web/20230101031909/https://www.cbc.ca/news/canada/calgary/ric-mciver-pc-leader-ethics-commissioner-judicial-review-court-1.4007084 . live .
  8. Web site: Former justice minister Jonathan Denis asks judge to overturn contempt conviction . 2023-01-01 . . 2022-05-04 . https://web.archive.org/web/20220504220558/https://edmontonjournal.com/news/local-news/former-justice-minister-jonathan-denis-asks-court-of-appeal-to-overturn-contempt-conviction . live .
  9. Web site: Hypocrisy found hiding behind UN ruling in Canadian court case . 2023-01-01 . Toronton Sun . 2021-04-20 . https://web.archive.org/web/20210420142924/https://torontosun.com/2013/04/10/hypocrisy-found-hiding-behind-un-ruling-in-canadian-court-case . live .
  10. News: Former blind Paralympian jailed for sex assault . 2023-01-01 . . 2023-01-01 . https://web.archive.org/web/20230101044044/https://www.sportsnet.ca/more/former-blind-paralympian-jailed-for-sex-assault/ . live .
  11. News: November 26, 2013 . Heather Wilson Duncan guilty of manslaughter in husband's death . CBC News . January 1, 2023 . January 1, 2023 . https://web.archive.org/web/20230101035018/https://www.cbc.ca/news/canada/calgary/heather-wilson-duncan-guilty-of-manslaughter-in-husband-s-death-1.2441092 . live .
  12. News: Grant . Meghan . 10 Dec 2015 . Baby Hermella's parents get free lawyers in life support fight . CBC . 24 December 2022 . 24 December 2022 . https://web.archive.org/web/20221224033317/https://www.cbc.ca/news/canada/calgary/hermella-mammo-will-anna-motsyk-life-support-lawyers-1.3360337 . live .
  13. Web site: Supreme Court denies jury trial for man facing securities fraud charges . 2023-01-01 . calgaryherald . 2022-01-23 . https://web.archive.org/web/20220123191540/https://calgaryherald.com/news/local-news/supreme-court-denies-jury-trial-for-man-facing-securities-fraud-charges . live .
  14. Web site: McIver conflict of interest decision not subject to judicial review, court rules. calgaryherald.com. 2023-04-25. 2020-01-07. https://web.archive.org/web/20200107102259/https://calgaryherald.com/news/politics/mciver-conflict-of-interest-decision-not-subject-to-judicial-review-court-rules. live.
  15. Web site: Citation: Lubianesky v Gazdag, 2018 ABQB 290 . 2023-04-25 . 2023-04-25 . https://web.archive.org/web/20230425060306/https://www.canlii.org/en/ab/abqb/doc/2018/2018abqb290/2018abqb290.html . live .
  16. Web site: Alberta common-law couples can now divide pensions upon separation. July 13, 2018. Benefits Canada.com. April 25, 2023. January 22, 2023. https://web.archive.org/web/20230122091924/https://www.benefitscanada.com/news/bencan/alberta-common-law-couples-can-now-divide-pensions-upon-separation/. live.
  17. News: Hollywood movie about Theo Fleury stalled as autobiography co-author claims ownership over his life story. CBC News. July 6, 2021. Meghan Grant. January 1, 2023. January 1, 2023. https://web.archive.org/web/20230101044546/https://www.cbc.ca/amp/1.6091225. live.
  18. Web site: Lawyers call for International Criminal Court investigation into mass grave site of Indigenous children. calgaryherald.com. 2023-04-25. 2021-12-01. https://web.archive.org/web/20211201144417/https://calgaryherald.com/news/crime/lawyers-call-for-international-criminal-court-investigation-into-mass-grave-of-indigenous-children. live.
  19. News: UN special rapporteur planning trip to Canada to examine 'human-rights situation' of Indigenous people. Patrick. White. The Globe and Mail. www.theglobeandmail.com. 2023-04-25. 2023-01-01. https://web.archive.org/web/20230101212638/https://www.theglobeandmail.com/amp/canada/article-un-planning-to-visit-canada-to-examine-indigenous-rights-but-wont/. live.
  20. Web site: Alberta judge mulls options after ex-justice minister threatens defamation in trial. The Canadian Press. ctvnews. 11 April 2022. 25 April 2023. 7 April 2023. https://web.archive.org/web/20230407211618/https://calgary.ctvnews.ca/alberta-judge-mulls-options-after-ex-justice-minister-threatens-defamation-in-trial-1.5858195. live.
  21. https://www.canlii.org/en/ab/abca/doc/2022/2022abca354/2022abca354.html Citation: Denis v Sauvageau, 2022 ABCA 354
  22. Web site: 2022-12-21 . 'Freedom Convoy' lawyer sued for defamation . 2022-12-24 . thestar.com . en . 2022-12-24 . https://web.archive.org/web/20221224033312/https://www.thestar.com/politics/federal/2022/12/21/freedom-convoy-lawyer-sued-for-defamation.html . live .
  23. Web site: Sworn affidavit identifies man who waved Nazi flag at Freedom Convoy. Matthew. Horwood. Western Standard. 24 November 2022 . 2023-04-25. 2023-01-01. https://web.archive.org/web/20230101071127/https://www.westernstandard.news/news/sworn-affidavit-identifies-man-who-waved-nazi-flag-at-freedom-convoy/article_1dc1c9f2-6b9b-11ed-8098-8bc76485be1d.html. live.
  24. Web site: Forrest . Maura . The best and worst of 2022 . 2022-12-24 . POLITICO . 22 December 2022 . en . 2022-12-24 . https://web.archive.org/web/20221224033311/https://www.politico.com/newsletters/ottawa-playbook/2022/12/22/the-best-and-worst-of-2022-00075094 . live .
  25. Web site: Ballingall . Alex . MacCharles . Tonda . 2022-11-24 . Freedom Convoy lawyer called 'idiot' after mistaken identity . 2022-12-24 . thestar.com . en . 2022-12-24 . https://web.archive.org/web/20221224033313/https://www.thestar.com/politics/federal/2022/11/24/freedom-convoy-lawyer-called-idiot-after-mistaken-identity.html . live .
  26. News: Major . Darren . November 22, 2022 . Enterprise Canada pushes back against Nazi flag claim made by convoy lawyer . CBC News . January 1, 2023 . January 1, 2023 . https://web.archive.org/web/20230101074336/https://www.cbc.ca/news/canada/ottawa/convoy-commission-lawyer-kicked-out-emergencies-act-1.6660191 . live .
  27. News: Osman . Laura . 2 Dec 2022 . Government to un-redact text messages, PMO staff notes at Emergencies Act inquiry . CBC . 24 December 2022 . 24 December 2022 . https://web.archive.org/web/20221224033313/https://www.cbc.ca/news/politics/emergencies-act-pmo-texts-redact-1.6672405 . live .
  28. News: Major . Darren . 24 Nov 2022 . Lawyer for convoy protest organizers served with defamation notice . CBC . 24 December 2022 . 24 December 2022 . https://web.archive.org/web/20221224154028/https://www.cbc.ca/news/politics/brendan-miller-notice-of-defamation-1.6663766 . live .
  29. News: Pass-Lang . Christian . 2 April 2023 . Enterprise Canada resolves suit against convoy lawyer Brendan Miller . CBC .
  30. News: Pike . Hellen . 6 Dec 2018 . Big Land Claim battle in southern Alberta wraps up in Federal Court . CBC .
  31. News: Grant . Meghan . 12 June 2019 . Blood Tribe wins massive land claim battle in Federal Court . CBC .
  32. News: Shari . Narine . 6 February 2023 . Supreme Court rules Blood Tribe can argue at highest court its reserve size 'Big Claim' . Windspeaker .
  33. Web site: Supreme Court of Canada - SCC Case Information - Webcast of the Hearing on 2023-10-12 - 40153 . 27 August 2014 .
  34. News: Fine . Sean . 12 Oct 2023 . Supreme Court justices challenge Crown over statute of limitations arguments over Treaty 7 pledge . Globe and Mail .
  35. https://globalnews.ca/news/10419715/supreme-court-blood-tribe-alberta-land/amp/
  36. Web site: Foster LLP welcomes Brendan Myers Miller as Special Counsel Foster LLP . 2022-12-24 . www.fosterllp.ca . en . 2022-12-24 . https://web.archive.org/web/20221224154221/https://www.fosterllp.ca/blog/foster-llp-welcomes-brendan-myers-miller-as-special-counsel . live .
  37. Web site: Brendan Myers Miller | Calgary Lawyer | Foster LLP T2P 3R7 | (403) 261-5333 .

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