INTRODUCTION The Spanish Constitutional Court is becoming one of the most popular institutions in the country. By “popular” I do not mean “generally well-liked”, but “frequently used” or mentioned in conversations and in the media, that is, in the middle of the political debate. On the other hand, as I mentioned in previous contributions, (here […]
The Supreme Court in Canada v. Khadr 2008 SCC 28 was faced with a fascinating situation which afforded the Court an opportunity to assess the relationship between a citizen and his government on the one hand and the relationship between the government and her foreign sovereigns. A brief background is necessary to situate the discussion. […]
The Supreme Court's decision in Canada v. Khadr, 2008 SCC 28, last week can best be described as "arms-length jurisprudence." (A more detailed analysis of the decision from TheCourt.ca can be found here.) Although the Court found for Mr. Khadr, they did so in a manner that can only be described as tentative or even […]
The Supreme Court has recently begun making sweeping changes to its physical design. Part of the Court Modernization Project, the changes are an attempt to take advantage of several new legal technologies, and developments in courtroom infrastructure. TheCourt.ca caught up with the person overseeing the project. The following is drawn from our email exchange with […]
Omar Khadr has fought and is fighting many battles, and one such has been in his country - suing Canada for interview records that the Canadian authorities conducted with him in Guantanamo Bay and handed to the U.S. authorities. The Supreme Court of Canada - allowing great reservations to those ever-so-illusive national security concerns - […]
The Supreme Court’s division in R. v. D.B. 2008 SCC 25 epitomizes the decades-long scholarly debate on the appropriate limits of judicial policy-making. On its face, R. v. D.B. is about the different ways in which young offenders can be treated compared to adults, the real-world effects of an overly punitive criminal justice system, and […]
With recent cases having taken great prominence both here at TheCourt.ca and likewise in the wider media, Lake v. Canada (Minister of Justice) 2008 SCC 23 has gone somewhat overlooked. This is unfortunate, because the case creates firm precedent for the appropriate standard of care required of the Minister of Justice in an extradition case […]
In the field of Criminal Justice, the Supreme Court of Canada -- once amorphously centrist in its politics -- is beginning to show signs of right/left divisions that are more commonly found in its American counterpart. In R. v. D.B. 2008 SCC 25 the Supreme Court divided sharply along political lines on the hot button […]
In its much anticipated May 2008 decision in Design Services v. Canada, 2008 SCC 22 the Supreme Court of Canada shut the lid on a Pandora’s Box of potential future litigation when it denied the right of subcontractors to leapfrog general contractors and directly sue purchasing institutions over irregularities in the tendering process. The outcome […]
This morning the Supreme Court of Canada released its long-awaited judgment in R. v. D.B., 2008 SCC 25. The case deals with the constitutionality of provisions in the Youth Criminal Justice Act, S.C. 2002, c. 1 ("YCJA") which create a presumption that youths over fourteen years of age, charged with serious violent crimes, be tried […]