Chantelle van Wiltenburg

Chantelle van Wiltenburg is developing a diverse litigation practice with a focus on criminal, civil and administrative law. She has appeared and made submissions at all levels of court, including the Supreme Court of Canada.

Prior to joining Hunter Litigation Chambers, Chantelle practiced at one of Canada’s leading criminal defence firms. She has defended individuals and corporations in complex criminal, regulatory, and extradition matters at first instance and on appeal. Chantelle has litigated constitutional issues at all levels of court, intervening on behalf of public interest organizations as well as successfully challenging legislation for violating the Charter.

Chantelle holds a Master of Laws from Yale Law School, and a Juris Doctor with Honours from the University of Toronto. She earned a certificate in Transnational Law from the University of Geneva, and served as law clerk to twenty justices at the Ontario Superior Court. Chantelle has held research fellowships with Yale’s Information Society Project and Brain Injury Project, as well as the Max Planck Institute in Germany. Chantelle has received several awards for her research and writing, and her work has been published in law journals including the Osgoode Hall Law Journal and the University of Toronto Faculty of Law Review.

K&M Farms v. BC Chicken Marketing Board, BCFIRB Decision dated December 13, 2022 (with Rebecca Robb): Represented the BC Chicken Marketing Board on an BC Farm Industry Review Board appeal by a grower who had failed to comply with an order of the Chief Veterinary Officer that all commercial poultry be brought indoors to mitigate the risk of spread of highly pathogenic avian influenza. In light of the non-compliance with the CVO order, the Chicken Board refused to approve the grower’s next placement of chicks. The FIRB accepted the Chicken Board’s submission that “given the serious nature of AI, the Chicken Board was very measured in its response” and dismissed the appeal.

News

January 2024

Claire Hunter, K.C. and Chantelle van Wiltenburg (with drafting assistance from Paul Jon and articled student Elspeth Adhihetty) represented an Indigenous child protection agency and successfully petitioned to quash a decision of the BC Human Rights Tribunal. Below, the Tribunal had found that the agency discriminated against a parent and awarded $150,000 in compensation. The Court set aside the Tribunal’s decision, holding that the Tribunal’s process was unfair and that the Tribunal committed legal errors. The Court remitted the case to the Tribunal and directed that the agency be afforded an opportunity to apply to have the human rights complaint summarily dismissed.