On December 11, 1997, the Supreme Court of Canada handed down its landmark decision in Delgamuukw v The Queen. To mark this week's ten-year anniversary, TheCourt.ca commissioned a pair of pieces from two of the lawyers involved in the case. On Monday, Peter R. Grant, lead counsel for the Gitxsan and Wet'suwet'en chiefs, described Delgamuukw's […]
For most people hoping to be heard by the Supreme Court of Canada ("SCC"), the denial of leave marks the end of their legal battle. However, for the American soldiers who have fled to Canada in an attempt escape the horrors of fighting in a war with which they fundamentally disagree, the denial of leave […]
On December 11, 1997, the Supreme Court of Canada handed down its landmark decision in Delgamuukw v The Queen, [1997] 3 SCR 1010 [Delgamuukw]. To mark tomorrow's ten-year anniversary, TheCourt.ca has commissioned a pair of pieces from two of the lawyers involved in the case. In today's piece, Peter R. Grant, lead counsel for the Gitxsan and […]
Undeniably, December is a busy time for those of us within the law school environment. As a helpful review for the students across the country, who like myself, are anxiously preparing to write a Criminal Procedure exam, I thought I’d offer the details of a Saskatchewan criminal law case scheduled to be heard before the […]
The Supreme Court of Canada ("SCC") released its decision in the case of R v Jackson, [2007] 3 SCR 514 this morning. It also dismissed all twenty applications for leave. The SCC affirmed Mr. Jackson's conviction for illegally producing marijuana. Mr. Jackson's challenge rested on his assertion that his conviction amounted to an unreasonable verdict […]
On May 19, 2005, the Supreme Court of Canada ("SCC") delivered an interesting decision in a case relating to damages and costs within the context of consumer protection issues. Prebushewski v Dodge City Auto (1984) Ltd., [2005] 1 SCR 649, examines s. 65 of the The Consumer Protection Act, SS 1996, c C-30.1 [Saskatchewan Consumer […]
I came across a very interesting post by Professor Russ Brown over at the University of Alberta Faculty of Law Blog which discusses the recent trend at the SCC towards unanimity: During the open Q&A session following Justice Rothstein's presentation at our faculty in September, I asked him where the Supreme Court of Canada needed […]
The Supreme Court of Canada ("SCC") recently granted leave to appeal in Alberta v Hutterian Brethren of Wilson Colony, 2007 ABCA 160 [Wilson Colony], an Alberta Court of Appeal decision that will allow the court to address a politically charged issue without attracting too much attention. Facts In 1974, the province of Alberta implemented mandatory photo-identification for […]
Introduction The African Commission on Human and Peoples’ Rights (Commission) was established in 1987, one year after the African Charter on Human and Peoples’ Rights (African Charter) came into force. It holds the mandate to promote and protect human rights in Africa pending the full functioning of the African Court on Human and Peoples’ Rights […]
On November 22, the Supreme Court of Canada ("SCC") delivered its decision in R v Grover, [2007] 3 SCR 510. The succinct decision was summarized by Tom Schreiter in an earlier post, but I would like to comment on an aspect of the decision as well. Briefly, Mr. Grover was convicted of attempting to obstruct […]