An important employment law case is on its way to the SCC. Leave was recently granted in Keays v. Honda Canada Inc., [2008] 2 SCR 362 [Keays], a wrongful dismissal case that readers should add to their "must watch" list of cases pending before the Supreme Court of Canada ("SCC"). Kevin Keays, who worked in the […]
Two weeks ago, I was fortunate enough to attend a symposium in Toronto on the 25th Anniversary of the Charter. Aside from being quite obviously the youngest person in the room, the entire day was quite a marvel. TheCourt.ca's new Editor-in-Chief James Stribopoulos reported on the Top 10 Charter decisions which were released that day, […]
If there are any forensic hypnotists who work solely on criminal investigations, they may find themselves out of work following the Supreme Court of Canada's ("SCC") recent decision in R. v. Trochym, [2007] 1 SCR 239 [Trochym]. Prior to this decision, Canadian courts had generally allowed the admission of evidence by witnesses whose memories had been refreshed […]
Earlier this month The Canadian Constitution Foundation released a study entitled "Judging the Judges" in which it assessed the record of judges on the Supreme Court of Canada when it comes to upholding individual and economic freedom, and equality before the law. The study can be found here. There are a few interesting points, but […]
About the Court Today The jurisdiction of the High Court of Australia extends far beyond the determination of matters arising under the Commonwealth Constitution or involving its interpretation. Strangely this is recognised in the Constitution only as an area upon which the Commonwealth Parliament may confer original jurisdiction on the Court, which it did in […]
As I mentioned last Monday, the Supreme Court of Canada ("SCC") is starting its spring session this week with a full docket. Last week I outlined the cases they'll be hearing on Tuesday and Wednesday. They also have hearings scheduled for both Thursday and Friday. Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, arises […]
The Empire Club of Canada, a speaker's club founded in 1903, has digitized a great many of the lunchtime talks given under its auspices. Not suprisingly, the Supreme Court of Canada has been mentioned many times in these lunchtime addresses by distinguished speakers: a search on their database turns up some 45 instances. Not deep […]
In R. v. Spencer, 2007 SCC 11 [Spencer], released last month, the Supreme Court of Canada ("SCC") revisits the confessions rule, yet again. Although the SCC does not suggest that its judgment overrules any of its existing cases, there is a real danger that the decision will be taken as doing exactly that. This would be […]
The European Court of Justice (ECJ) was set up in 1951 and has its seat in Luxembourg. It is the highest court of the European Union and is actually composed of 27 judges, one from each of the Member States of the Union, as well as eight Advocates General who assist the judges by delivering […]
Ever play the lotto? Do you feel like a game of chance? The Supreme Court of Canada ("SCC") is very picky about the cases it will hear. You have read here at The Court about many cases that seemed to get away from them. It makes one wonder about how these sorts of decisions are […]