Arcand v. Alexander First Nation and Burnstick

Arcand v. Alexander First Nation and Burnstick

The Tribunal disqualified counsel K. Colleen Verville and her firm MLT Aikins from representing Mr. Burnstick because Verville previously represented Alexander First Nation in the same matter, the two-part MacDonald Estate test permits an inference that confidential information was received and she failed to rebut that presumption, and there is a real risk such information could prejudice Alexander; the Tribunal has jurisdiction to make this order and afforded Burnstick reasonable time to retain new counsel.

Citation
2019 CHRT 47
Parties
Complainant: Kim Arcand; Commission: Canadian Human Rights Commission; Respondent: Alexander First Nation; Respondent: Kurt Burnstick
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
2 December 2019
Procedural Posture
Human Rights Tribunal Proceeding / Ruling on Motion to Disqualify Counsel
Outcome
Motion allowed in part: counsel and firm disqualified from representing respondent Burnstick; reasonable time granted to obtain new counsel
Legal Topics
Conflict of Interest, Counsel Disqualification, Solicitor Client Privilege, Tribunal Jurisdiction, Procedural Fairness
Source Language
English
Administrative Law Human Rights Law Legal Ethics Professional Responsibility Conflict of Interest Counsel Disqualification Solicitor Client Privilege Tribunal Jurisdiction +1 more

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Parties

Kim Arcand

Complainant

Canadian Human Rights Commission

Commission

Alexander First Nation

Respondent

Kurt Burnstick

Respondent

Procedural Posture

Human Rights Tribunal Proceeding / Ruling on Motion to Disqualify Counsel

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to disqualify counsel in the proceeding
  2. 2 Whether counsel K. Colleen Verville received confidential information from former client Alexander First Nation
  3. 3 Whether there is a reasonable risk that any confidential information could be used to the prejudice of Alexander First Nation

Ratio Decidendi

The Tribunal disqualified counsel K. Colleen Verville and her firm MLT Aikins from representing Mr. Burnstick because Verville previously represented Alexander First Nation in the same matter, the two-part MacDonald Estate test permits an inference that confidential information was received and she failed to rebut that presumption, and there is a real risk such information could prejudice Alexander; the Tribunal has jurisdiction to make this order and afforded Burnstick reasonable time to retain new counsel.

Court Disposition

Motion allowed in part: counsel and firm disqualified from representing respondent Burnstick; reasonable time granted to obtain new counsel

Orders

  • K. Colleen Verville is disqualified from acting for Kurt Burnstick in the matters T2319/7418 and T/2318/7318
  • The law firm MLT Aikins is disqualified from acting for Kurt Burnstick in these proceedings and Burnstick may not retain any lawyer from MLT Aikins on this file