Omar Khadr is the only Canadian citizen detained at the U.S. military prison in Guantanamo Bay, Cuba. Last week, the Supreme Court decided to hear the Crown’s appeal of a Federal Court of Appeal ruling that may provide Mr. Khadr with access to documents held by the Canadian government regarding the charges he faces before […]
Supreme Court of Canada ("SCC") factums will be available on-line beginning next year. That’s according to Justice Michel Bastarache, who made the announcement during a speech last week at LexUM’s Law Via the Internet Conference in Montreal. According to Slaw.ca, Justice Bastarache told attendees that the Justices were still struggling with a handful of thorny […]
On Friday, October 26, 2007, the Supreme Court of Canada ("SCC") granted leave to appeal in the case of Khosa v Canada (Minister of Citizenship and Immigration), [2007] 4 FCR 332. This immigration and administrative law case concerns a convicted street-racer facing deportation back to his home country of India. History In 1982, Mr. Khosa was […]
In Hill v Hamilton‑Wentworth Regional Police Services Board, [2007] 3 SCR 129 [Hill] the Supreme Court of Canada ("SCC") confirmed that police officers can be sued by suspects who have suffered damages as a result of negligent investigation. However, in this case, the SCC found that the officers had not been negligent because they had acted […]
Dramatic is the best way to describe the tenor of Canadian politics over the past few days. Prime Minister Harper's controversial Speech from the Throne was at once tactical and brazen, deftly capitalizing on the Liberal Party's internal strife. The speech was calculated to be repugnant to the Liberals. Emboldened by the polls, Mr. Harper […]
After a see-saw battle at the Federal Court and Federal Court of Appeal, this trade-mark battle between the two automotive manufacturers may be coming to the Supreme Court of Canada. BMW has filed for an application for leave to appeal. Facts BMW has, for decades, used the letter "M" in conjunction with various numbers to […]
This past weekend, from October 12-14, 2007, over 100 lawyers, law students, and legal academics met at the Inaugural Conference of the Canadian Constitution Foundation. Titled “The Future of Freedom: Law and Liberty in Canadian Jurisprudence,” the conference attracted delegates from over a dozen universities and was headlined by Supreme Court Justice Marshall Rothstein and […]
During his yearly deer-hunting party, Fred Wolfe was driving to a hunting stand when he spotted what he believed to be a deer. He emerged from his truck, and with the aid of his car’s headlights, shot at the object in question. It was, in fact, the respondent Harold George Herbison, who suffered significant injuries […]
In Hill v Hamilton-Wentworth Regional Police Services Board, [2007] 3 SCR 129 [Hill] in a 6-3 decision, the Supreme Court of Canada ("SCC") held that the tort of negligent investigation does exist in Canada, but that the tort was not made out on the facts of this case. The plaintiff, Jason George Hill, was investigated by […]
The sound you heard coming from Bay Street last week may have been the collective sigh of relief from issuers of public securities, underwriters, and corporate lawyers. Or perhaps it was the cry of outrage from investors. Last Friday, the Supreme Court of Canada ("SCC") released its much anticipated decision in Kerr v Danier Leather […]