Lawyer/Legal Scholar

Preferred areas of Practice: Extradition, Wrongful Conviction

legal research, hearings, appeals, submissions to the Minister, judicial review

Gary Botting is considered an expert on extradition law in Canada, having published four books on the subject. He has also written and lectured extensively on government restrictions on civil liberties and human rights, including its attacks on freedom of speech, freedom of expression, freedom of the press, freedom of conscience, and freedom of religion - especially freedoms fought for and won by Jehovah's Witnesses. "I believe strongly that ideas, however unsavory, should be tested in the free marketplace of ideas, not in the criminal courts," he has said. "Where published ideas result in demonstrable harm for an individual or a minority group, the victim has recourse to the civil courts and human rights tribunals - and more power to them. But never should ideas, beliefs or opinions be proscribed by criminal prosecution. That is the thin edge of the wedge for a broader government incursion and eventual suspension of civil liberties."

Gary Botting's interest in law preceded his call to the bar by several years. As a journalist, he often covered the court beat. As a law student, he became vice-president of Victims of Law – Dilemma (VOLD), actively advocating the appointment of lay benchers to law societies and monitoring lawyer involvement in fraudulent trust organizations. Called to the bar in British Columbia in 1991, he became an active proponent of human rights, especially the rights of visible minorities, including refugees and First Nations persons facing extradition or deportation. In 2010 he published Wrongful Conviction in Canadian Law, a book on miscarriages of justice in Canada, focusing on the recommendations of the various wrongful conviction inquiries including those of Donald Marshall, Jr., Guy Paul Morin, Thomas Sophonow, James Driskell, Ronald Dalton, Gregory Parsons, Randy Druken - and David Milgaard, who wrote the foreword.

Published Law-Related Books

Gary Botting, Halsbury's Laws of Canada - Extradition and Mutual Legal Assistance in Criminal Matters (Markham: LexisNexis, 2010).
Gary Botting receives his Ph.D. in Law from former Chief Justice of British Columbia and U.B.C. Chancellor the late William McEachern, May 2004.
Gary Botting, Wrongful Conviction in Canadian Law (Markham: Butterworths LexisNexis, 2010). Order a copy
Gary Botting et al., Criminal Essentials (Markham: LexisNexis Quicklaw, 2010) (online version of Canadian Extradition Law Practice included passim as text).
Gary Botting et al., CriminalPractice. Markham: LexisNexis, 2008.
Canadian Extradition Law Practice 2007. Markham: Butterworths LexisNexis, 2007.
Chief Smallboy: In Pursuit of Freedom. Calgary: Fifth House, 2005.
Extradition Between Canada and the United States. Ardsley, NY: Transnational, 2005.
Canadian Extradition Law Practice 2005. Markham: Butterworths LexisNexis, 2005.
Leadership: An Anthology. (co-authored with M.E. Symons) Victoria: Royal Roads University, 1997.
Fundamental Freedoms and Jehovah's Witnesses. Calgary: University of Calgary Press, 1993.
The Orwellian World of Jehovah’s Witnesses. (co-authored with Heather Botting) Toronto: University of Toronto Press, 1984.
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Papers

* indicates juried

Dodging the Tumbling Walls: Extradition in a World Without Borders, Guest Presenter, Annual U.B.C. Conference for Graduate Students in Law, 20 May 2009.
Four Shaky Pillars: 'Evidence' and 'Factual Innocence' in the Steven Truscott Case. Paper presented as guest lecture at Faculty of Law, U.B.C. on 23 February 2008.
Imasees' Long Flight to Freedom, Canadian Law and Society Association Annual Conference, Saskatoon, Saskatchewan, 1 June 2007.*
Degrees of Innocence, Bridging Law's Communities, Annual Conference of the Canadian Association of Law Teachers, Saskatoon, Saskatchewan, May 30, 2007.*
First Nations Land Claims to the Mountains of Banff and Jasper National Parks: The Merit of the Arguments of Cree Chief Bobtail Smallboy, Legal Intersections, Canadian Law and Society Association Annual Conference, 75th Congress of the Humanities and Social Sciences, York University, Toronto, May 31-June 3, 2006.*
Far from the Madding Metropolis: The Claim of Chief Bobtail Smallboy to the Mountains of Banff and Jasper National Parks, Expanding the Polis: Law's Engagement and Location, Canadian Association of Law Teachers Conference, Osgoode Hall Law School, York University, Toronto, May 29-31, 2006.*
Chief Smallboy's Land Claim to Banff and Jasper National Parks: Another Nisga'a? Whose Law? Why Law? Law's Empire Interdisciplinary Conference, University of British Columbia, May 4-6, 2006.*
Assuaging the National Guilt: Deliberations on Wrongful Conviction in Canada, International Developments in the Innocence Movement, Innocence Network Conference, University of Washington School of Law, Seattle, 18 March 2006.
Destination – Anywhere: The Illusion of Protected Rights and Reality of Lawful Wrongs in Canada's Extradition Act, 10th Annual U.B.C. Conference for Graduate Students in Law, 28 April 2005.
Executive and Judicial Discretion in Extradition Between Canada and the United States, Doctoral dissertation, Ph.D. in Law, University of British Columbia, 2004.
The Diminution of Individual Rights in Canadian Extradition Law, Canadian Law and Society Assn (CLSA) Annual Conference, University of Manitoba, Winnipeg, 3 June 2004.*
The Confluence of Extradition Practice in Canada and the United States, Canadian Assn of Law Teachers Annual Conference, University of Manitoba, 31 May 2004.*
Transcending the Limits of Comity: Major Flaws in Canada's Extradition Act, 9th Annual University of B.C., Conference for Graduate Students in Law, 30 April 2004.
The Dynamics of Extradition Law: Executive Discretion Trumps Judicial Discretion, 8th Annual U.B.C. Conference for Graduate Students in Law, 12 May 2003.
To Extradite or Prosecute? Coping with the Diaspora of Terrorism, Conflict, Development and Peace (CODEP) Conference, University of London, London, UK, 13 June 2002.*
Racism and Abuse of Process in Extradition Proceedings, combined U.S. and Canada Law and Society Assn Annual Conference, Vancouver, B.C., 1 June 2002.*
Abandoning the Rule of Law and Civil Liberties: Anti-Terrorism Legislation in Canada and the United States, The Promise of Law: Yesterday and Today Conf., U.B.C., 6 May 2002.*
Institutionalized Racism in 19th Century Canada: Sir John Beverley Robinson's Policy of Extradition, 19th Century Interdisciplinary Studies Conf., U.B.C., 23 March 2002.*
The Threat of Extradition of Alleged Terrorists from Canada to the United States since September 11, Mid-winter Conference, CLSA, U.B.C., 1 February 2002.*
Racism and Abuse of Process in Extradition Proceedings between Canada and the United States, Department of Anthropology, University of. Victoria, 27 September 2001.
Ministerial vs. Judicial Discretion in U.S. Election Law: Making Legal Sense of Bush v. Gore. Canadian Law and Society Association Annual Conference, Quebec City, 29 May 2001.*
Looking under the Rug of the Law: the Scope and Mandate of Law and Society, University of Calgary Faculty of Communications and Culture, 19 January 2001.
Introduction to Law and Society, Canadian Law and Society Association (CLSA) Spring Conference, U.B.C. 25 January 2001.
The Art of Jurisprudence, CLSA Annual Conference, Lake Louise, Alberta, 2 June 2000*
Ministerial vs. Judicial Discretion, Market.Order@Law.Destabilized. York University, Toronto, 12 May 2000.*
The New Extradition Act and Its Implications, Law on the Cusp Conference, U.B.C., Vancouver, 4 May 2000.*
The Roots of Sexism in Religion and the Law, U.B.C. Faculty of Law seminar, April, 2000.
Putting the Law in Its Place: Comparative and Interdisciplinary Perspectives on Legal Theory, U.B.C. Faculty of Law doctoral seminar, March, 2000.
Bringing Fugitives to Justice, Creating Constellations Conference, U.B.C., 1 May 1999*
Competing Imperatives: Individual Rights and International Obligations in Extradition Between Canada and the United States, Master of Laws thesis, University of British Columbia, 1999.
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Early Reported Cases (1989-1999)

Gervasoni v. Canada (Minister of Citizenship and Immigration) (1999), File No. A-440-96, Federal Court of Appeal, [1999] Fed. Ct. Appeal LEXIS 175, [1999] A.C.W.S.J. LEXIS 18154; [1999] A.C.W.S.J. 30349; 90 A.C.W.S. (3d) 113, [1999] F.C.J. No. 1096, [1999] A.C.F. No. 1096 (8 June 1999) (represented appellant, who faced the death penalty for alleged murder in Florida, in his extradition appeal and judicial review). Gary Botting, Counsel of Record.
Stewart v. Canada (Minister of Justice); Stewart v. U.S.A. (1998), V03227 British Columbia Court of Appeal, [1998] B.C.J. No. 3010, [1998] C.R.D.J. 61; [1998] C.R.R. LEXIS 435, 59 C.R.R. (2d) 33; [1998] W.C.B.J. LEXIS 6213; [1998] W.C.B.J. 4587; 40 W.C.B. (2d) 424; 131 C.C.C. (3d) 423; [1998] C.C.C. LEXIS 1043; 1998 B.C.D. Crim. LEXIS 967, 968; [1998] B.C.D. Crim. 260 (heard 16 November 1998, decided 29 December 1998), Cumming, Donald and Mackenzie JJ.A. (represented appellant, a bank executive wanted for bank fraud, in his extradition appeal and judicial review of Minister's decision). Gary Botting, Counsel of Record.
R. v. Jorgensen (1998), VI03177 British Columbia Court of Appeal, [1998] B.C.J. No. 3052, [1998] B.C.D. Crim. J. 39. [1998] Crim. LEXIS 990; [1999] B.C.D. Crim 260 (15 December 1998) (represented appellant in appeal of conviction for sexual assault). Gary Botting, Counsel of Record.
R. v. Nguyen (1998), VI02982 British Columbia Court of Appeal, [1998] B.C.D. Crim. LEXIS 725, 726, [1998] B.C.D. Crim. 260 (8 June 1998); [1998] B.C.J. Nos. 1534, 2349 (8 and 21 September 1998) (represented appellant in appeal of conviction and sentence for trafficking in heroin). Gary Botting, Counsel of Record.
R. v. Mitchell (1998), 80379-C British Columbia Supreme Court, [1998] B.C.J. No. 2927; [1998] B.C.D. Crim. LEXIS 959, 960, 961; [1998] B.C.D. Crim. 270 (27 August 1998); File No. V02855 British Columbia Court of Appeal, [1996] B.C.J. No 3025, [1996] W.C.B.J. LEXIS 12343; [1996] W.C.B.J. 20086; 32 W.C.B. (2d) 302 (18 September 1996) (represented appellant in dangerous offender proceedings entailing constitutional argument and judicial review of dangerous offender status). Gary Botting, Counsel of Record.
Kelly v. Her Majesty the Queen, File No. (1998), T-1087-92 Federal Court Trial Division, [1998] F.C.J. No. 763, [1998] Fed. Ct. Trial LEXIS 844, (10 February 1998, 28 May 1998, 12 June 1998); 1994 W.C.B.J. LEXIS 3863, 3865, 3866; [1994] W.C.B.J. 18362, 18634, 18365; 24 W.C.B. (2d) 186, 278, 285; [1994] A.C.W.S.J. LEXIS 18257, 19135, 19141, 19160; [1994] A.C.W.S.J. 70909, 71786, 71794, 71813; 47 A.C.W.S. (3d) 943, 48 A.C.W.S. (3d) 1409, 1374, 1139, [1994] F.J.C. Nos. 742, 831, 832, 927 (3, 18 and 26 May and 14 June 1994); (penal law - represented plaintiff, a former Ontario RCMP officer, in suit and judicial review for wrongful placement in Kingston Penitentiary). Gary Botting, Counsel of Record.
Canada (Minister of Citizenship and Immigration) v. Ngoc Khanh Nguyen (1998), IMM-3461-97, Federal Court Trial Division, [1998] Fed. Ct. Trial LEXIS 563; [1998] A.C.W.S.J. LEXIS 65553; [1998] A.C.W.S.J, 139892; 80 A.C.W.S. (3d) 614 (7, 25, 29 May 1998) (represented applicant in judicial review of deportation order and refugee claim). Gary Botting, Counsel of Record.
Lewis v. Canada (Minister of Citizenship and Immigration) (1998), IMM-131-98, Federal Court Trial Division, [1998] Fed. Ct. Trial LEXIS 226; [1998] A.C.W.S.J. LEXIS 68451; [1998] A.C.W.S.J. 136167; 78 A.C.W.S. (3d) 563 (5 March 1998) (represented applicant in judicial review of deportation order and refugee claim). Gary Botting, Counsel of Record.
R. v. Koehn (1998), CA V02732 British Columbia Court of Appeal; X039669 British Columbia Supreme Court, New Westminster [1998] B.C.D. Crim. LEXIS 541, 568, 569; [1998] B.C.D. Crim. 260, 270; [1998] B.C.J. Nos. 525, 615, 616 (7 and 19 January and 5 March 1998), 116 C.C.C. (3d) 517; [1997] C.C.C. LEXIS 1882; [1997] B.C.J. Nos. 1509, 1568, 3082, [1997] Crim. LEXIS 679, [1997] B.C.D. Crim. LEXIS 947, 953; [1997] B.C.D. Crim. 250, 260; [(18 June, 2 July and 4 December 1997); [1996] B.C.J. No. 2055 (18 April 1996); subnom R. v. D.W.K. [1996] B.C.J. No. 1148 (24 April 1996) (represented appellant in appeal and retrial of murder conviction). Gary Botting, Counsel of Record.
R. v. O'Gorman (1998), British Columbia Court of Appeal, [1998] B.C.J. No. 572 (2 March 1998), [1997] B.C.J. No. 2238 (1 October 1997) (represented appellant in appeal of conviction and sentence for dangerous driving and assault with a weapon). Gary Botting, Counsel of Record.
R. v. Quigley (1998), CA V03027 British Columbia Court of Appeal, [1998] B.C.J. No. 561, [1998] W.C.B.J. LEXIS 7493; [1998] W.C. B.J. 36149; 37 W.C.B. (2d) 490; [1998] B.C.D. Crim. LEXIS 554, [1998] B.C.D. Crim. 270 (2 March 1998) (represented appellant in appeal of conviction and sentence for arson). Gary Botting, Counsel of Record.
R. v. Burnett (1998), VI03113 British Columbia Court of Appeal, [1998] B.C.J. No. 245, [1998] BC.D. Crim. LEXIS 493, [1998] B.C.D. Crim. 270 (23 January 1998) (represented appellant in appeal of conviction and sentence for sexual assault). Gary Botting, Counsel of Record.
R. v. Bell (1998), VI02744 British Columbia Court of Appeal, [1998] B.C.J. No. 244, [1998] B.C.D. Crim. LEXIS 490, [1998] B.C.D. Crim. 270 (23 January 1998); [1997] B.C.D. Crim. LEXIS 1057, 1058; [1997] B.C.D. Crim. 260 (21 May 1997) (represented appellant in appeal of conviction and sentence for bank robbery). Gary Botting, Counsel of Record.
R. v. Vaslot (1997), VI03138 British Columbia Court of Appeal, [1997] B.C.J. No. 2995, [1997] B.C.D. Crim. LEXIS 661, 662, [1998] B.C.D. Crim. 270 (3 December 1997) (represented appellant in appeal of narcotics conviction). Gary Botting, Counsel of Record.
R. v. French (1997), British Columbia Court of Appeal, [1997] B.C.D. Crim. LEXIS 732, [1997] B.C.D. Crim. 260 (29 October 1997) (represented appellant in appeal of conviction for first degree murder). Gary Botting, Counsel of Record.
M.(Z.) v. B. (H.E.D.) (1997), 94 4584 British Columbia Supreme Court, Victoria, [1997] A.C.W.S.J. LEXIS 96152; [1997] A.C.W.S.J. 138898; 76 A.C.W.S. (3d) 195; subnom McBurnie v. Bailly [1997] B.C.J. No. 2395, [1997] B.C.D. Civ, LEXIS 21667, [1998] B.C.d. Civ. 530 (24 October 1997) (represented plaintiff in civil suit for sexual assault, abduction, and division of property, including appeal of Master's rulings in the case).
Gary Botting, Counsel of Record.
United States of America v. Stewart (1997), British Columbia Court of Appeal, [1997] B.C.J. No. 2186, 120 C.C.C. (3d) 78 (3 October 1997) (extradition appeal). Gary Botting, Counsel of Record.
R. v. Parsons (1997), British Columbia Court of Appeal, [1997] B.C.J. No. 2051 (3 September 1997) (represented appellant in appeal of conviction for pointing a gun). Gary Botting, Counsel of Record.
Nguyen v. Canada (Minister of Citizenship and Immigration) (1997), Immigration and Refugee Appeal Board (28 July 1997) (represented appellant in refugee appeal hearing). Gary Botting, Counsel of Record.
R. v. Dycko (1997), British Columbia Court of Appeal, [1997] B.C.D. Crim LEXIS 957, [1997] B.C.D. Crim 270 (17 June 1997) (appeal of conviction for assault). Gary Botting, Counsel of Record.
Garcia v. Rodriguez (1997), V01758 British Columbia Court of Appeal, [1997] B.C.J. No. 1281, [1997] B.C.D. Civ. LEXIS 20304, [1997] B.C.D. Civ. 360 (20 May 1997) (represented appellant in appeal of abrogation of arrears of child support). Gary Botting, Counsel of Record.

R. v. Moore (1997), British Columbia Supreme Court, Victoria [1997] B.C.J. No. 817, [1997] B.C.D. Crim. LEXIS 1138, B.C.D. Crim. 250 (25 March 1997) (represented appellant in appeal of B.C. Provincial Court conviction of assaulting police officer, and appeal of sentence). Gary Botting, Counsel of Record.
R. v. Grant (1997), British Columbia Court of Appeal, [1997] B.C.J. No. 582, [1997] B.C.D. Crim. LEXIS 1150, [1997] B.C.D. Crim 250 (11 March 1997) (represented appellant in appeal of conviction for sexual assault). Gary Botting, Counsel of Record.
R. v. Collura (1997), British Columbia Court of Appeal, [1997] B.C.J. No. 661, [1997] B.c.D. Crim. LEXIS 1169, B.C.D. Crim. 260 (4 March 1997), B.C.J. No. 2211, B.C.D. Crim. LEXIS 532, [1997] B.C.D. Crim. 260 (31 October 1996) (represented appellant Collura in appeal of conviction and sentence for sexual assault). Gary Botting, Counsel of Record.
R. v. Nguyen (1997), British Columbia Supreme Court, Victoria [1997] B.C.D. Crim. LEXIS 1214, [1997] B.C.D. Crim. 260 (24 January 1997) (represented applicant at judicial review of constitutional question). Gary Botting, Counsel of Record.
R. v. Dwyer (1996), British Columbia Court of Appeal, [1996] B.C.J. Nos. 2068, 2347; B.C.D. Crim Sent. 7440-01, 7440-02 (19 July and 15 November 1996) (represented appellant in appeal of criminal conviction and sentence for assault). Gary Botting, Counsel of Record.
R. v. Mitchell (1996), British Columbia Court of Appeal, [1996] B.C.D. Crim LEXIS 675, 676; [1996] B.C.D. Crim. Sent. 7001-03, 7517-26 (18 September 1996) (represented appellant in constitutional challenge of dangerous offender provisions of the Criminal Code). Gary Botting, Counsel of Record.
V.F.A. (Re) (1996), Immigration and Refugee Appeal Board (2 July 1996) (represented Syrian appellant in refugee claim). Gary Botting, Counsel of Record.
R. v. Kyle (1996), British Columbia Court of Appeal, [1996] B.C.D. Crim. LEXIS 910, 911; [1996] B.C.D. Crim. Conv. 5715-01, 6108-03 (24 April 1996) (represented appellant in appeal of conviction for sexual assault with a weapon and assault with a weapon). Gary Botting, Counsel of Record.
Gervasoni v. Canada (Minister of Citizenship and Immigration) (1996), IMM-4063-94 Federal Court Trial Division, [1996] A.C.W.S.J. LEXIS 86852; [1996] A.C.W.S.J. 80747; 62 A.C.W.S. (3D) 965, [1996] F.C.J. No. 475, A.C.F. No. 475 (10 April 1996); [1995] A.C.W.S.J. LEXIS 21131, 22132; [1995] A.C.W.S.J. 205334, 206456; 56 A.C.W.S. (3d) 350, 57 A.C.W.S. (3d) 81, [1995] F.C.J. No. 920, [1995] A.C.F. No. 920 (9 June and 20 July 1995); leave to appeal to Supreme Court of Canada refused [1996] S.C.C.A. No,. 176 (2 April 1996) (represented applicant in obtaining judicial review of extradition and restraining order against removal). Gary Botting, Counsel of Record.
Gervasoni v. Canada (Minister of Justice) (1996), British Columbia Court of Appeal, [1996] B.C.D. Crim. LEXIS 888, [1996] B.C.D. Crim. Conv. 5475-03 (11 March 1996) (appeal of judicial review decision regarding constitutionality of stays of proceeding to facilitate removal of undesirable alien). Gary Botting, Counsel of Record.
R. v. Chu (1996), British Columbia Court of Appeal, [1996] B.C.J. No. 713, [1996] B.C.D. Crim. LEXIS 856, [1996] B.C.D. Crim. Sent. 7393-02 (6 March 1996) (represented appellant in appeal of conviction and sentence for dangerous driving causing bodily harm). Gary Botting, Counsel of Record.
Clubb v. Saanich (District) (1996), British Columbia Supreme Court, Victoria, [1996] B.C.J. No. 218, 1996 B.C.D. Crim. LEXIS 858, [1996] B.C.D. Crim. Conv. 5505; [1996] B.C.D. Civ. LEXIS 15691, 15697 (30 January 1996) (represented applicant in judicial review of constitutionality of police publication of his address as a convicted sex offender). Gary Botting, Counsel of Record.
R. v. Leskosek (1996), British Columbia Court of Appeal, [1996] B.C.J. No. 187 (10 January 1996) (represented appellant on appeal of narcotics conviction). Gary Botting, Counsel of Record.
U.S.A. v. Wagner (1995), Court File Nos. V02547, V02637 British Columbia Court of Appeal, [1995] B.C.J. No. 2940 (20 October 1995); B.C. J. No. 2602, 104 (C.C.C. (3d) 66; [1995] C.C.C. LEXIS 2516, [1995] W.C.B.J. LEXIS 6127; [1995] W.C.B.J. 53568; 29 W.C.B. (2d) 292 (14 December 1995); leave to appeal to Supreme Court of Canada refused 106 C.C.C. (3d) vi, [1996] S.C.C.A. No.15 (10 January 1996) (represented appellant in extradition appeal). Gary Botting, Counsel of Record.
R. v. Hall (1995), British Columbia Court of Appeal, [1995] B.C.J. No. 2057 (22 September 1995) (represented appellant on appeal of conviction for uttering death threats). Gary Botting, Counsel of Record.
W. (W.) v. W. (M.) (1995), 931104 British Columbia Supreme Court, Victoria Registry [1995] A.C.W.S.J. LEXIS 22361; [1995] A.C.W.S.J. 206582; 57 A.C.W.S. (3d) 311; subnom M.W. v. W.W. [1995] B.C.J. No. 1844 (21 August 1995) (represented respondent in child custody dispute). Gary Botting, Counsel of Record.
Gervasoni v. Canada (Minister of Citizenship and Immigration) (1995), IMM-3301-94 Federal Court Trial Division, [1995] A.C.W.S.J. LEXIS 21123; [1995] A.C.W.S.J. 205355; 56 A.C.W.S. (3d) 342, [1995] 3 F.C. 189 (22 June 1995) (represented applicant in judicial review of extradition). Gary Botting, Counsel of Record.
R. v. Bevan (1995), British Columbia Supreme Court, Victoria, [1995] B.C.J. No. 873 (19 April 1995) (represented applicant in application for judicial review of incarceration and revocation of parole, including habeas corpus with certiorari in aid). Gary Botting, Counsel of Record.
Bates v. City Copy Center Ltd. (1995), British Columbia County Court, Victoria (16 March 1995) (represented respondent in judicial review of B.C. Council of Human Rights hearing). Gary Botting, Counsel of Record.
Clubb v. William Head Institution (1995), 331/95 British Columbia Supreme Court, Victoria Registry, [1995] WC.B.J. LEXIS 3069; [1995] W.C.B.J. 44555; 26 W.C.B. (2d) 460; subnom R. v. Clubb, [1995] B.C.J. No. 519 (8 March 1995) (represented applicant in applying for writ of habeas corpus with certiorari in aid, mandamus, and a restraining order against the institution for gating applicant without a hearing). Gary Botting, Counsel of Record.
Canada (National Parole Board) v. Clubb (1995), British Columbia Court of Appeal, [1995] B.C.J. No. 264 (27 January 1995) (represented respondent Clubb in appeal of judicial review and application for writ of habeas corpus - jurisdictional issue). Gary Botting, Counsel of Record.
R. v. Smith (1994), File No. V02092 British Columbia Court of Appeal, [1994] B.C.J. No. 2806, [1994] W.C.B.J. LEXIS 4183; [1994] W.C.B.J. 18682; 25 W.C.B. (2d) 538 (22 November 1994) (represented appellant in appeal of conviction and sentence for attempted child abduction and sexual assault). Gary Botting, Counsel of Record.
R. v. Tran (1994), British Columbia Court of Appeal, [1994] B. Gary Botting, Counsel of Record.
C.J. No. 2189 (23 September 1994) (represented appellant in appeal of conviction and sentence for drug trafficking). Gary Botting, Counsel of Record.
Gervasoni v. British Columbia (Attorney-General)(1994), British Columbia Supreme Court, Victoria, [1994] B.C.J. No. 1878 (21 July 1994) (judicial review of right of Crown Counsel to stay proceedings in order to effect deportation or extradition of accused without a trial). Gary Botting, Counsel of Record.
Nguyen v. Alpine Florist & Food Market Ltd. (1994), British Columbia County Court, Victoria (12 April 1994) (represented appellant in judicial review of B.C. Council of Human Rights hearing). Gary Botting, Counsel of Record.
R. v. Wong (1994), British Columbia Court of Appeal, [1994] B.C.J. No. 703 (17 February 1994) (represented appellant in appeal of conviction for drug trafficking). Gary Botting, Counsel of Record.
McIntosh v. Canada (Secretary of State) (1994), A-299-93 Federal Court of Appeal, [1994] A.C.W.S.J. LEXIS 16305; [1994] A.C.W.S.J. 68956; 46 A.C.W.S. (3d) 75, [1994] F.C.J. No. 67 (21 January 1994) (represented appellant in appeal and judicial review of deportation order made by the Immigration and Refugee Appeal Board, 8 June 1992). Gary Botting, Counsel of Record.
Jones v. Oak Bay (District) (1994), British Columbia Supreme Court, Victoria, [1994] B.C.J. No. 41 (6 January 1994), (judicial review of police action in entering house without warrant or invitation). Gary Botting, Counsel of Record.
Rowe v. Canada (National Parole Board) (1993) Federal Court Trial Division, [1993] F.C.J. No. 1408 (21 December 1993) (represented applicant in judicial review of parole board decision). Gary Botting, Counsel of Record.
Q. (D.I.) (Re) (1993), Immigration and Refugee Appeal Board (12 October 1993) (represented appellant in refugee appeal hearing). Gary Botting, Counsel of Record.
Re Van Hoa Nguyen v. Canada (Minister of Employment and Immigration) (1993), IMM-2574-93 Federal Court of Canada Trial Division, [1994] 1 F.C. 96; [1993] F.C. LEXIS 146, 107 D.L.R. (4th) 186; [1993] D.L.R. LEXIS 1410; [1993] A.C.W.S.J. LEXIS 14000; [1993] A.C.W.S.J. 9551; 42 A.C.W.S. (3d) 1047 (10 September 1993) (represented applicant in refugee claim and judicial review of deportation order). Gary Botting, Counsel of Record.
William Head Institution Inmates v. Canada (Corrections Service) (1993) T-828-93 Federal Court Trial Division, [1993] A.C.W.S.J. LEXIS 16395; 1993 A.C.W.S.J. 15363; 42 A.C.W.S. (3d) 448, [1993] F.C.J. No. 821 (13 August 1993) (represented applicants in writs of certiorari and mandamus in an attempt to retain Simon Fraser University's satellite campus and university program at William Head Institution). Gary Botting, Counsel of Record.
Allarie v. Victoria (City) (1993), 91 1792, British Columbia Supreme Court, Victoria [1993] B.C.J. No. 1592, [1993] A.C.W.S.J. LEXIS 21204; 1993 A.C.W.S.J. 66722; 41 A.C.W.S. (3d) 890, [1993] B.C.D. Civ. LEXIS 13024, [1993] B.C.D. Civ. 60-01 (14 July 1993) (represented plaintiff in civil suit again police for alleged assault causing bodily harm (brain injury) and use of excessive force ). Gary Botting, Counsel of Record.
R. v. Gillese (1993), CA012173, British Columbia Court of Appeal, [1993] B.C.J. No,. 1041, [1993] W.C.B.J. LEXIS 5214; 1993 W.C.B.J. 16805; 19 W.C.B. (2d) 510 (30 April 1993) (represented appellant in appeal of conviction for murder). Gary Botting, Counsel of Record.
R. v. Stewart (1993), British Columbia Court of Appeal, [1993] B.C.J. No. 210 (21 January 1993) (represented appellant in appeal of conviction for murder). Gary Botting, Counsel of Record.
Vanton v. British Columbia (Council of Human Rights) (1992), British Columbia Supreme Court, [1992] B.C. J. Nos. 3035, 3036, 3037 (11 December 1992) (judicial review of B.C. Council of Human Rights decision). Gary Botting, Counsel of Record.
Cohen v. Cohen (1992), 22864 British Columbia Supreme Court, Victoria, [1992] B.C.J. No. 2255, [1992] B.C.D. Civ. LEXIS 12548, [1992] B.C.D. Civ. 1603-53 (9 October 1992) (represented respondent in appeal of B.C. Provincial Court custody decision). Gary Botting, Counsel of Record.
R. v. Reed (1992), British Columbia Court of Appeal, [1992] B.C.J. No. 2057, 76 C.C.C. (3d) 204 (30 September 1992) (represented appellant in appeal of conviction of creating a disturbance by shouting when using a megaphone at a Jehovah's Witness convention). Gary Botting, Counsel of Record.
Baxter v. Dandurand et al. (1992), British Columbia Supreme Court, Victoria [1992] B.C.J. No. 1341, [1992] A.C.W.S.J. LEXIS 16820; 1992 A.C.W.S.J. 22295; 34 A.C.W.S. (3d) 36, [1992] B.C.D. Civ. LEXIS 13189; [1992] B.C.D. Civ. 2006-03 (8 June 1992) (represented plaintiff in civil suit alleging fraud). Gary Botting, Counsel of Record.
Bowen v. Guardian Insurance Co. of Canada (1992), 138/90 British Columbia Supreme Court, Victoria, [1992] B.C.J. No. 901, [1992] B.c.D. Civ. LEXIS 13529, [1992] B.C.D. Civ. 2006-03 (16 April 1992) (represented plaintiffs in suit against insurance company entailing judicial review of jurisdictional issues). Gary Botting, Counsel of Record.
Wise v. Canada (National Parole Board) (1992), Federal Court Trial Division, [1992] F.C.J. No. 344 (24 April 1992) (represented applicant in judicial review of National Parole Board decision). Gary Botting, Counsel of Record.
Huynh v. Canada (Minister of Employment and Immigration) (1992), Immigration and Refugee Appeal Board IADD (28 January 1992) (represented appellant in refugee claim appeal). Gary Botting, Counsel of Record.
Marshman v. Lavender Housing Cooperative (1991), 91-4140 British Columbia Supreme Court, Victoria, [1991] B.C.J. No. 3710, [1991 B.C.D. Civ. LEXIS 11322, [1992] B.C.D. Civ. 3964-01 (16 December 1991) (represented plaintiff in suit and judicial review of tribunal decision). Gary Botting, Counsel of Record.
Z. (R.K.) (Re) (1989), Immigration and Refugee Appeal Board, CRDD, [1989] D.S.S.R. No. 119 (16 November 1989) (as law student, represented applicant at originating and appeal levels of refugee claim in wake of Tiananmen Square protests). Gary Botting, Counsel of Record.
Z (M.O.) (Re) (1989), Immigration and Refugee Appeal Board, CRDD, [1989] D.S.S.R. No. 275 (17 August 1989) (as law student, represented applicant at originating and appeal levels of refugee claim in wake of Tiananmen Square protests). Gary Botting, Counsel of Record.
D. (X.D.) (Re) (1989), Immigration and Refugee Appeal Board, CRDD, [1989] D.S.S.R. No. 274 (16 August 1989) (as law student, represented applicant at original and appeal levels of refugee claim in wake of Tiananmen Square protests). Gary Botting, Counsel of Record.
Pursley v. Canada (Minister of Employment and Immigration) (1989), Federal Court Trial Division, [1989] A.C.W.S.J. LEXIS 13345; [1989] A.C.W.S.J. 53161; 15 A.C.W.S. (3d) 315, [1989] F.C.J. No. 335 [1989] A.C.F. No. 335 (29 April 1989) (as law student, represented applicant in judicial review of rejected refugee claim). Gary Botting, Counsel of Record.
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