R v Déry, [2006] 2 SCR 669 [Déry], is a thought-provoking case regarding the possibility of attempted conspiracy. While it was ultimately held not to be a crime in Canada, the discussion that arose over the issue in Déry highlights a potentially contentious future for the criminalization of inchoate acts. Jacques Déry and Daniel Savard were both […]
The Latin term in camera (literally 'in chambers') is frequently, if somewhat ambiguously, used within the political context to refer to closed hearings and discussions that take place outside the purview of public scrutiny. Recognizing the value of accountable and transparent government, legislatures across Canada have taken pains to place limits on private, in camera […]
As promised last week, here are the remaining summaries of the leave applications that were granted last Thursday. Please note that since the Mustapha case was covered in detail yesterday, a summary of it won’t be repeated here. RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., 2007 BCCA 22 (CanLII) In this tort law case […]
On June 21, 2007, the SCC granted an application for leave to appeal in the case of Mustapha v. Culligan of Canada Ltd., 84 OR (3d) 457. This tort law case examines foreseeability of psychiatric harm in a peculiar factual context. Mr. Mustapha, the plaintiff, immigrated to Canada from Lebanon in 1976 and operated two successful […]
On the 25th of March, 2007, the then Chief Justice of the Republic of Ghana, Justice George Kingsley Acquah died at the age of 65, five years short of the compulsory retirement age, from cancer. He had occupied the position since the 4th of July 2003 as the first locally trained lawyer since 1876 to […]
Yesterday, the Supreme Court granted leave to appeal in seven cases. Another 18 applications were dismissed. Below is a review of four of the cases granted leave. A review of the other three cases will be provided next week. Wayne Alexander James v. Her Majesty the Queen, 2007 NSCA 19 and Gurkirpal Singh Khela v. Her […]
An important Supreme Court of Canada ("SCC") judgment dealing with the right to bargain collectively was delivered Friday, June 8, 2007. Health Services and Support - Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27, is being hailed by some as a “landmark” ruling and was previously discussed here at The Court on June 15, 2007 and […]
Sometimes it is good to eat crow – if it comes with the right sauce. In its June 8, 2007 decision, Health Services and Support – Facilities Subsector Bargaining Association v. British Columbia, 2007 SCC 27, the Supreme Court of Canada ("SCC") concluded that “the holdings in the Alberta Reference and PIPSC excluding collective bargaining […]
On Friday, June 15th, the Supreme Court ("SCC") rendered a controversial split decision regarding the admissibility of out-of-court, hearsay statements from a criminally accused's spouse. Upholding the finding of the B.C. Court of Appeal, the SCC's 5-4 decision in R v Couture, 2007 SCC 28 [Couture] , dismissed the Crown's appeal and ordered a new trial […]
I am not aware of the exact arrangements with respect to the law clerks at the Supreme Court, though the basic terms are posted on the court’s website. The program in place at the court is nevertheless similar to that at the United States Supreme Court. The clerks are typically new graduates, who serve a […]