Remember the famous scene from the movie "Jerry McGuire" where sports agent Jerry has just been fired by his agency and is in his office frantically trying to contact all of his clients in a futile attempt to retain their business? Unfortunately for Jerry, his rival agent, Bob Sugar, has already prepared for this and […]
On April 3, the Supreme Court of Canada ("SCC"), in a decision penned by ‘THE COURT,’ allowed the appeal in Canada (AG) v Lameman, [2008] 1 SCR 372 ("Lameman"). The plaintiffs in this case were individuals who claimed to be descendants of the Papaschase Band, who, it is alleged, were unfairly treated by the Crown […]
In October of 2007, Matthew Shogilev and Jakki Warkentin of TheCourt.ca engaged in a compelling debate over the Federal Court of Appeal’s ["FCA"] holding in Societe des acadiens et acadiennes du Nouveau-Brunswick Inc v Canada, 2006 FCA 196. The case arose as a result of the April 26, 2000 issuance of a speeding ticket to Marie-Claire […]
Several commentators have reflected on Justice Bastarache’s recently announced retirement from the SCC on June 30, 2008. The discourse in the coming months will likely focus on the forthcoming judicial appointment. There are undoubtedly numerous considerations in selecting a new SCC Justice, including their region, academic qualifications, experience in lower courts - and some would […]
Last month, former Supreme Court Justice Louise Arbour announced that she will not seek a second term in her current role as the United Nations High Commissioner for Human Rights. Her four year term comes to a close on June 30th of this year. A few weeks ago, she reflected on her post-Supreme Court career […]
Below is a news release from the Supreme Court of Canada regarding Justice Michel Bastarache's decision to retire at the end of June. OTTAWA, April 9, 2008 - The Rt. Hon. Beverley McLachlin, Chief Justice of Canada, announced today that Justice Michel Bastarache has written to the Minister of Justice, the Honourable Robert Nicholson, to […]
April 2, 2008 marks the 10th anniversary of the release of the SCC decision in Vriend v Alberta, [1998] 1 SCR 493. This decision was remarkable in many ways. First, there were no less than 17 intervenors by the time the case reached the SCC. Our affiliated agency, the Alberta Civil Liberties Association, was one […]
Introduction Canada is a far different country than in 1867, when the British Parliament enacted our first Constitution. Then, the western provinces did not exist. A strong central government was necessary to begin expanding its reach to the Pacific Ocean. With the maturity of all ten provinces since 1867, the Constitution no longer meets the […]
In Kerr v Danier Leather, [2007] 3 SCR 331 ["Kerr"], the Supreme Court continued its love / hate relationship with class actions. While positive statements about access to justice benefits were made in the Supreme Court of Canada's original trilogy of class action decisions (Western Canadian Shopping Centres v Dutton, [2001] 2 SCR 534, Hollick […]
The National Post recently announced that they are seeking leave to appeal an Ontario Court of Appeal decision, R v The National Post, 2008 ONCA 139, to the Supreme Court of Canada ("SCC"). The case looks at the tension between confidentiality and disclosure with regard to the protection of the sources of journalists. In 2001, […]