Brendan Miller

Brendan Myers Miller is a Canadian lawyer based in Calgary who has worked on criminal and civil cases. His clients include the Blood Tribe First Nation, former National Hockey League player Theo Fleury, Alberta Minister Ric McIver, former Alberta Minister of Justice Jonathan Denis and Canada convoy protesters.

Career
Miller is a Calgary-based criminal defence and constitutional lawyer, and general litigator who is Special Counsel at Foster LLP. His notable clients include the Blood Tribe First Nation, former NHL star Theo Fleury, Alberta Minister Ric McIver, and former Alberta Minister of Justice Jonathan Denis.

In 2013, Miller successfully argued the United Nations Convention on the Rights of Persons with Disabilities in order to keep his client, convicted of sexual assault, out of jail, though this later overturned by the Appeal Court, and substituted with a sentence of 90 days in jail to be served on weekends, plus one year of probation. In 2013 and 2014 he was part of the legal team representing Heather Wilson Duncan who was acquitted of second degree murder in shooting death of her husband, but convicted of manslaughter and receiving a four-year sentence.

In 2015, he provided pro bono legal services to a couple who sought to keep their daughter on life support. In 2017, Miller constitutionally challenged on behalf of a client the inability for persons accused with securities fraud to have a jury trial, and argued the same before the Supreme Court of Canada.

In 2018, Miller was counsel to Ric McIver in a dispute with the Alberta Conflicts of Interest Commissioner, regarding whether the Commissioner's report and decision was subject to judicial review. The Court ruled that the Commissioner's report and decision were subject to parliamentary privilege, and therefore immune from review by the Courts. Also in 2018, Daniel Colborne and Miller were successful in challenging the prohibition of common law unmarried couples in dividing their pensions upon separation in Alberta, with the Court finding the legislation violated equality rights in s.15 of the Canadian Charter of Rights and Freedoms.

In 2021 Miller acted for former NHL star, Theo Fleury, in a dispute over the ownership of the rights to Fleury's life story. That same year, Miller lead a coalition of Canadian lawyers seeking the prosecutor of International Criminal Court, Karim Khan, open a preliminary investigation on the Government of Canada and the Vatican for crimes against humanity over their involvement in the mass grave site discovered in Kamloops. Khan declined the request, on the basis that the crime had not occurred on or after July 1, 2002. Miller and other lawyers maintained that the federal government and the Vatican suppressed their alleged crimes beyond 2002, amounting to a continuing offence. Khan didn't address the argument in their rejection.

In Spring 2022, Miller defended former Alberta Minister of Justice, Jonathan Denis, in contempt proceedings. On appeal, Professor Peter Sankoff K.C. as lead appeal counsel, and Miller, acted for Denis where the Alberta Court of Appeal quashed the conviction for contempt.

In Fall 2022, Miller represented some of the Canada convoy protestors at the Public Order Emergency Commission. His application at the commission to have a man testify that an Enterprise Canada employee was identified as the man carrying a Nazi flag at the Ottawa protests in a sworn affidavit filed with the commission, and Miller's cross-examinations, caused Politico to label Miller as the "Biggest Firebrand of 2022". Justice Paul Rouleau who ran the commission described the claim as having "little foundation in evidence." Miller was later removed from the commission after arguing with and talking over Justice Rouleau regarding redacted records, outstanding motions, and calling of witnesses, but was let back in that day. Eventually by the end of the commission, Miller succeeded in forcing the government of Canada to resubmit unredacted copies of 20 documents to the inquiry.

Public relations company Enterprise Canada launched a legal claim for damages in the Ontario Superior Court of Justice on December 20, 2022, stating that Miller's claims that their employee took the Nazi flag to the protest were false. Enterprise Canada previously served a defamation notice on Miller in November 2022. On February 31, 2023, Enterprise stated that they and Miller had resolved the legal case. Miller refused to apologize or retract the allegation.

In Fall of 2023 Miller acted for the Blood Tribe at the Supreme Court of Canada regarding a large treaty land claim. Miller had earlier acted for the Blood Tribe on the trial of the matter, where the Federal Court of Canada found the Government of Canada deprived the Blood Tribe of more than 160 square miles of reserve land in breach of Treaty 7 and s.35 of the Constitution. The Federal Court of Appeal overturned the trial decision on the sole basis of a limitation period defence that the Government of Canada lost at trial, and in February 2023 the Supreme Court of Canada granted leave to appeal the case. Miller argued the case before the Supreme Court of Canada on October 12, 2023. The Supreme Court of Canada was critical of the federal government’s position as the federal government lawyer acknowledged at the hearing that Ottawa had acted “dishonourably” in breach of Treaty 7; the Court reserved their decision. In April 2024 the Supreme Court of Canada granted the appeal in part and issued a declaration that Canada breached Treaty 7.

Miller has taught at Mount Royal University and University of Calgary Law School. In 2021 Miller was the course designer for Canadian constitutional law in the joint program between the University of Sussex Law School in England and Wilfrid Laurier University, and became the course’s inaugural instructor that same year which he teaches to this day.

Personal life
Miller is married with a daughter.