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Spring Session Opening April 23

It's been a busy couple of weeks for Supreme Court pundits recently with the Charter's 25th anniversary. The Supreme Court of Canada ("SCC") will follow that up with a busy week of its own as it kicks off its spring session on April 23. There will be four hearings that week (Tuesday through Friday) as […]

Dickie: Right But Not Right Enough

In a very brief judgment the Supreme Court of Canada in Dickie v. Dickie, 2007 SCC 8 [Dickie, SCC], reinstated a finding of contempt against a former spouse and father who "showed an appalling disregard for orders of the court, for his support obligations to his family and for the welfare of his children" (Dickie v. […]

Unwritten Constitutional Principles Redux?

In a recent post on this site, Jodi Martin ably canvassed the access to justice argument that lies at the heart of British Columbia (Attorney General) v. Dugald E. Christie, 2005 BCCA 631 [Christie]. My own interest in Christie is perhaps less-civic minded: for me, the interesting thing about this case is that it presents the […]

SCC More Trustworthy than Parliament

Well, isn't that ... nice ... to know? "Most Canadians trust judges more than MPs, and would support an elected judiciary, a Globe/CTV poll finds." - The Globe & Mail, Apr. 9/07 Does anybody notice the conflict? Does anybody care to wonder whether the pollsters realized the inconsistency? Twain wrote that there are three kinds of […]

Rapport de France: sur l'activité de quatre cours «suprêmes» françaises

Introduction | Conseil d'Etat | Tribunal des Conflits | Cour de Cassation | Conseil Constitutionnel Avertissement: Si la notion de cour suprême ne peut pas s'appliquer utilement au système juridique français, on étudiera par analogie les deux institutions supérieures des deux ordres juridictionnels français, à savoir, la Cour de cassation pour l'ordre judicaire et le […]

Will the SCC hear the Ontario Autism cases?

This Thursday the Supreme Court of Canada ("SCC") will release its leave decision in Wynberg et al v. Ontario, (2006) 82 OR (3d) 561 [Wynberg]. This case has not been in the news much of late, but should the SCC fail to grant leave - as it dismissed all 22 leave applications last Thursday - it […]

Who Says There's No Dialogue? (Kingstreet Investments v. New Brunswick (Finance))

The first judgment released by the Supreme Court in 2007, on January 11, was Kingstreet Investments v. New Brunswick (Finance), 2007 SCC 1 [Kingstreet]. The only issue raised in Kingstreet was whether the provincial revenue agency should be obligated to return to a taxpayer funds collected that constituted an illegal tax. The taxpayer in this […]

TheCourt.ca - Check out our other features

TheCourt.ca is a blogging website, and our blog posts are clearly the front and centre of our focus. But we also have a variety of other features and resources on the website, and I'd like to take this opportunity to showcase them for our readers who haven't yet snooped through all of our menues. I've […]

Another Kick at the Can for Imperial Tobacco?

When we last left our story, a group of large tobacco companies were left reeling from the Supreme Court of Canada ("SCC") decision in British Columbia v. Imperial Tobacco Canada Ltd., 2005 SCC 49 [Imperial Tobbaco] . This judgment upheld the constitutional validity of British Columbia legislation that allowed the provincial government to directly institute a claim against […]