Elizabeth Bennett (judge)
Encyclopedia
Justice Elizabeth Bennett is judge of the British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...

. During her term on the Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...

, she presided over two notable corruption trials.

Early life and career

Bennett was educated at Simon Fraser University
Simon Fraser University
Simon Fraser University is a Canadian public research university in British Columbia with its main campus on Burnaby Mountain in Burnaby, and satellite campuses in Vancouver and Surrey. The main campus in Burnaby, located from downtown Vancouver, was established in 1965 and has more than 34,000...

 and the University of British Columbia
University of British Columbia
The University of British Columbia is a public research university. UBC’s two main campuses are situated in Vancouver and in Kelowna in the Okanagan Valley...

 Law School. She served with the Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...

 Primary Reserves, 6th Field Engineer Squadron. She was named a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 in 1994 and appointed to the Supreme Court of BC in 1997.
She was appointed to the Court Martial Appeal Court of Canada
Court Martial Appeal Court of Canada
The Court Martial Appeal Court of Canada hears appeals from military courts .In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge...

 on June 23, 1999.

Casinogate

On August 29, 2002, she acquitted former Premier
Premier of British Columbia
The Premier of British Columbia is the first minister, head of government, and de facto chief executive for the Canadian province of British Columbia. Until the early 1970s the title Prime Minister of British Columbia was often used...

 Glen Clark
Glen Clark
Glen David Clark is a politician in British Columbia, Canada who served as the 31st Premier of British Columbia from 1996 to 1999.-Early life and education:...

 of all criminal charges related to home renovations and other personal benefits received from a constituent, Dimitrios Pilarinos, who was applying for a casino license. The judge said Clark exercised poor judgment but ruled that "there is nothing in his conduct that crosses the line from an act of folly to behaviour calling for criminal sanctions." The ruling came five years and a day after her appointment to the Supreme Court on August 28, 1997. The "Casinogate" scandal came to public attention when news media filmed the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...

 (RCMP) conducting a search warrant inside the private home of the then-Premier.

Graham extradition

In 2004, Bennett ruled that John Graham could be extradited to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 for trial for the 1975 murder of Anna Mae Aquash
Anna Mae Aquash
Anna Mae Aquash was a Mi'kmaq activist from Nova Scotia, Canada who became the highest-ranking woman in the American Indian Movement in the United States during the mid-1970s.Aquash...

, one of the most prominent members of the American Indian Movement
American Indian Movement
The American Indian Movement is a Native American activist organization in the United States, founded in 1968 in Minneapolis, Minnesota by urban Native Americans. The national AIM agenda focuses on spirituality, leadership, and sovereignty...

.

BC Rail Corruption Trial

In 2007, she began proceedings on the Basi-Virk Affair where the Minister of Finance's politically-appointed assistant was charged with the sale of benefits related to the province's sale of BC Rail, the publicly-owned railway. The scandal came to public attention when news media filmed the RCMP conducting a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....

 inside the BC Legislature building. The trial is ongoing.

On May 15, 2009, she was appointed by federal Justice Minister and Attorney-General Rob Nicholson
Rob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , is the Minister of Justice and Attorney General of Canada. He is a current member of the Canadian House of Commons, representing the riding of Niagara Falls for the Conservative Party and the current Minister of Justice after serving for one year as...

 to the British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...

, elevating her from the BC Supreme Court. She remained on the Basi-Virk case still in Supreme Court, presiding over the pre-trial hearings until replaced by Anne MacKenzie. Special Prosecutor Bill Berardino said her appointment will not affect the timing of the case, nor slow it down further.

Publications

Justice Bennett co-authored the 2006 revisions for a guide for judges on giving instructions to the jury, the Canadian Criminal Jury Instructions (CRIMJI)
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