Anthony Serka (lawyer)
Encyclopedia
Anthony P. Serka, Q.C.
(born 1944) is a British Columbia
lawyer
who has appeared as counsel on several significant and high profile criminal cases
, including in the Supreme Court of Canada
. In R. v. Hutt, [1978] 2 S.C.R. 476, Serka acted for a Vancouver woman accused of soliciting. As a result of the court's decision, the meaning of the word "solicit" was narrowed. The case was noted by the Canadian Lawyer magazine to have been one of the rare decisions which left "lasting impressions on the legal and sociological landscape." Serka also appeared in R. v. Smith, [1987] 1 S.C.R. 1045, which was the first decision to deal with minimum sentencing laws after the advent of the Canadian Charter of Rights and Freedoms
. Serka was successful in overturning the seven year minimum sentence provision for importation of narcotics. In reaching its decision, the court in Smith elaborated on the meaning of "cruel and unusual punishment" under section 12
of the Charter.
Serka is a graduate of the University of British Columbia
Faculty of Law
and was called to the British Columbia Bar in 1969. He was appointed Queen's Counsel
in 2002. He maintains his criminal practice in Vancouver
.
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...
(born 1944) is a British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who has appeared as counsel on several significant and high profile criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, including in the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. In R. v. Hutt, [1978] 2 S.C.R. 476, Serka acted for a Vancouver woman accused of soliciting. As a result of the court's decision, the meaning of the word "solicit" was narrowed. The case was noted by the Canadian Lawyer magazine to have been one of the rare decisions which left "lasting impressions on the legal and sociological landscape." Serka also appeared in R. v. Smith, [1987] 1 S.C.R. 1045, which was the first decision to deal with minimum sentencing laws after the advent of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. Serka was successful in overturning the seven year minimum sentence provision for importation of narcotics. In reaching its decision, the court in Smith elaborated on the meaning of "cruel and unusual punishment" under section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...
of the Charter.
Serka is a graduate of 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...
Faculty of Law
University of British Columbia Faculty of Law
The University of British Columbia Faculty of Law is one of the largest English language legal programs in Canada, with over 600 law students. The school offers a three-year Juris Doctor program and the graduate degrees of Master of Laws , Master of Jurisprudence and doctorate degrees...
and was called to the British Columbia Bar in 1969. He was appointed 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 2002. He maintains his criminal practice in Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
.