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Home » 2008
SCC to Tackle Public Consultation Requirements in Environmental Assessments
Last Thursday, the Supreme Court of Canada ("SCC") approved leave to appeal in MiningWatch Canada, et al v Minister of Fisheries and Oceans, et al (see 2008 FCA 209). The case deals with the requirements of the environmental assessment procedures laid out in the Canadian Environmental Assessment Act, SC 1992, c 37 [CEAA]. Specifically, the issue was […]
PM Appoints Justice Thomas Cromwell to Supreme Court of Canada
The Prime Minister announced today the appointment of Justice Thomas Cromwell, of the Nova Scotia Court of Appeal, to the Supreme Court of Canada. Here is the text of the news release from the Prime Minister's Website: Justice Thomas Cromwell of the Nova Scotia Court of Appeal has officially been appointed to the Supreme Court […]
BCE Inc v 1976 Debentureholders: Directors Do What Is Best for the Firm
On Friday December 19, 2008, the SCC released its eagerly anticipated decision in BCE Inc v 1976 Debentureholders, 2008 SCC 69 [BCE]. I began to appreciate the magnitude of the BCE decision - which contemplated Canada's largest ever corporate takeover - while sitting in my research librarian's office at 4:30 pm on June 20, 2008, the […]
Confédération des syndicats nationaux v Canada
The Supreme Court navigated through a political minefield last Thursday when it pronounced on the constitutionality of several aspects of the federal employment insurance system in Confédération des syndicats nationaux v Canada (Attorney General), 2008 SCC 68. The issues arising in the case have been the subject of much controversy, with the appellants claiming, among […]
Criminal Lawyers' Association: Freedom of Expression and the Disclosure of Information by Government
On December 11, 2008, the Supreme Court of Canada ("SCC") heard The Criminal Lawyers' Association v Ontario (Public Safety and Security), a case from the Ontario Court of Appeal (see 2007 ONCA 392). In 1996, the judge in a criminal proceeding involving the murder of mob member Domenic Racco granted a stay of the proceedings finding […]
The Prime Minister and Prorogation: Time for a New SCC Reference?
It seems that “prorogue” is the word on Canadians’ minds these days. Though I am still not sure how to pronounce it, I am amazed that constitutional law, an unpopular subject even among law students, is currently water cooler material. The ongoing Canadian political crisis has already been the subject of a previous post, in […]
The End (Beginning?) of a Long Journey: Disability and Air Travel
Sometimes it takes a very long time (eleven years) to receive a legal remedy, but my case illustrates tenacity can be beneficial. The situation in which I found myself, although very personal, resulted in setting a legal precedent and hopefully in helping to protect the dignity and humanity of many disabled air travelers.
Recognizing No-Fault Civil Liability in Respect of Neighbourhood Disturbances in Québec Civil Law
Dust they are, and unto dust they shall return, yet human beings have difficulty resigning themselves to living in dust. Sometimes, weary of brooms and buckets of water, they are not unwilling to turn to the courts to get rid of it. This case is proof of that. So begins the Supreme Court of Canada’s […]
UPS GST Remittance Case May Have Impact on Importation of Goods
While the door hasn’t shut on 2008 quite yet, it is nevertheless useful to look forward to the slate of cases the SCC will hear in 2009. On January 15, the SCC is scheduled to hear United Parcel Service Canada Ltd v Her Majesty the Queen, an appeal from the Federal Court of Appeal ("FCA") (see […]