Lawyers representing a BC Liberal government social housing agency were in the Court of Appeal in Vancouver on Monday, June 7, 2004 to appeal a BC Supreme Court decision ordering them to pay $100 each in court costs to forty homeless people who occupied the abandoned Woodward’s building in September 2002.

In a factum filed with the Court, the lawyers for the Provincial Rental Housing Corporation argued that the award “was unjust because it penalizes an innocent party who only sought to protect its property rights.” Lawyers for the defendants countered by pointing out that the homeless were never convicted of anything and that “all citizens, even homeless ones, enjoy the presumption of innocence.” They sought to uphold the award, made because the provincial government dropped civil proceedings at the last moment, thereby inconveniencing the defendants and their lawyers.

“I wonder how much BC taxpayers have paid government lawyers to pursue this case in the province’s highest court for the last year and a half”, mused defence lawyer Cameron Ward. “I’ll bet it’s substantially more than $4,000.” After hearing oral submissions, the three Court of Appeal justices reserved decision. Arguments were later made in two separate appeals brought against the injunctions that resulted in the eviction of homeless squatters from the Woodwards building and adjacent sidewalks. Judgment was reserved in those cases also.

On Friday, May 28, 2004, the Supreme Court of British Columbia dismissed the provincial government’s application for an injunction to restrain people from interfering with the construction of a proposed parking lot complex at Cathedral Grove on Vancouver Island.

Madam Justice Quijano found that the government’s application, brought against 50 “John Does” and 50 “Jane Does”, deprived the parking lot opponents of due process. She determined that it was neither just nor equitable to grant the government the Order it was seeking.

The BC Liberal government intended to use the injunction as a weapon to quell the public opposition to the project and to enable the RCMP to arrest people for alleged contempt of court. There is no word yet from the Hon. Bill Barisoff as to whether the government will attempt to push ahead with the construction of the controversial parking lot.

A date has finally been set for the Coroner’s Inquest in the case of Jeffrey Michael Berg, 37, who died on October 24, 2000, after being arrested by Vancouver Police Constable David Bruce-Thomas. The Inquest will begin on June 23, 2004 at Coroner’s Court, Suite 2035, 4720 Kingsway, Burnaby.

Jeff Berg died as a result of a blow to the neck. Although Bruce-Thomas kicked him several times during the course of the arrest, a homicide investigation conducted by Bruce-Thomas’ VPD colleagues resulted in a decision not to lay any charges. An internal investigation conducted by other VPD colleagues also cleared the constable. The Office of the Police Complaint Commissioner concluded that the two VPD investigations were inadequate and has recently requested that the RCMP conduct a re-investigation into the fatal incident. The Berg family has not heard from the RCMP and has no idea of the status of that re-investigation.

Lawyers for the Berg family applied to the Supreme Court of British Columbia on Friday, June 4, 2004 to seek unconditional disclosure of copies of the coroner’s records relating to the hearing. Mr. Justice Tysoe dismissed the application. As a result, the Berg family has reluctantly accepted the Coroner’s strict conditions of confidentiality and has finally obtained copies of the documents. They plan to seek funding assistance from the Coroner so they can have their lawyers participating in the three week hearing.

In a related development, the Berg family has been requesting a meeting with Regional Crown Counsel to review the Crown’s 2002 decision not to lay charges against Bruce-Thomas. Crown Counsel, who routinely work with the VPD on major cases, has refused the family’s request.

According to a report in The Lawyers Weekly of March 26, 2004, the Benchers of the Law Society of British Columbia have postponed debate on the form of the practice fee referendum on the subject of CBA payments. “[CBABC President Robert] Brun asked that the vote be adjourned to give the CBA more time to consider the wording of the questions”, according to the report.

How hard can it be to consider and settle on a question to the membership on this issue? Is the CBA seeking to stymie a vote on whether lawyers in B.C. should continue to be forced to pay fees to the CBA, as it did in New Brunswick a few years ago? Stay tuned. The next Benchers’ meeting is April 2, 2004.

On Thursday, March 25, 2004, Julie Berg and her 80 year old mother Ellen filed a Petition and Affidavit in the Supreme Court of British Columbia, seeking an Order compelling a coroner’s inquest in the case of Jeff Berg, who died after being assaulted by a Vancouver police officer in October of 2000. The Berg family have named the Attorney General, the Solicitor General and the Chief Coroner as Respondents and also seek disclosure of all investigative files related to the case.

The Vancouver Police Department conducted a homicide investigation and an internal investigation, even though one of their own officers had inflicted the fatal blows, and no charges were laid. Inexplicably, no inquest has been set, though one is mandatory whenever a person dies while in police detention or custody.

See a copy of the Petition filed in Action No. L040778: Petition