Legal Aid seeks intervener status in appeal of murder case

Legal Aid Alberta is seeking intervener status in an appeal of a murder case so it can make a constitutional argument that people with criminal records should be allowed to serve on juries.

Jeremy Newborn is appealing both his second-degree murder conviction and life sentence with an ability to apply for parole after 15 years for the murder of John Hollar, who died in hospital after being attacked and beaten in an LRT car by Newborn in 2012.

It’s rare that intervener status is granted in Alberta, although a recent example is the successful application by the Women’s Legal Education and Action Fund and the Institute for the Advancement of Aboriginal Women who made submissions during the appeal of Bradley Barton’s acquittal in Cindy Gladue’s death.

One element of the appeal that will be argued by Newborn’s lawyer, Simon Renouf, is that his right to a representative jury was violated. Newborn is an Indigenous man. When, during jury selection, there weren’t any persons of apparent Indigenous descent, he launched a Charter challenge that was rejected by the trial judge. He also attempted a Charter challenge that failed when he argued a mandatory life sentence would constitute cruel and unusual punishment because of Newborn’s diminished cognitive ability.

Legal Aid Alberta’s lawyer Dane Bullerwell argued Wednesday that the agency is in a special position to make arguments in the case.

“This is a constitutional issue that is going to arise again and again,” he said.