Lawyer representing comedian walks out of B.C. human rights hearing

Vancouver Sun:

However, before any evidence was presented, the lawyer representing Earle walked out of the hearing claiming the process was illegal.

Jim Miller, an experienced Vancouver lawyer, left after failing to convince tribunal member Murray Geiger-Adams that the issue of whether the tribunal had jurisdiction to accept the complaint should be dealt with before — not after — the evidence had been presented.

Geiger-Adams had ruled the hearing — expected to take four days — should continue with the issue of jurisdiction being dealt with at the end.

Miller had argued that such a course of action was “illegal” based on rulings by the Supreme Court of Canada and the B.C. Supreme Court.

“I find this difficult because of my obligation as a lawyer to the courts. In 30 years of practice, I’ve never been in a situation like this.” said Miller packing up his law bags.

“This is high-handed; I can’t consent to it, I’d be consenting to an illegal process, so I have to leave,” he said.

Miller’s argument is that his client, who did not attend the hearing, was entitled to freedom of artistic expression under the Canadian Charter of Rights and Freedoms and these rights “trumped” Section 8 of the B.C. Human Rights Code.

He said the human rights tribunal was not a “charter free zone” and could not proceed with a hearing if it didn’t have jurisdiction.

Miller said he would await Geiger-Adams’ written reasons before deciding whether to apply for a judicial review of his decision by the B.C. Supreme Court.

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