A few days ago, New Democratic Party (NDP) Justice Critic Joe Comartin (Windsor Tecumseh) called for the removal of Conservative MP and Public Works Minister Christian Paradis from the Supreme Court of Canada Appointments Advisory Committee. Mr. Paradis is among 67 Conservative candidates in the 2006 election who are presently facing litigation for alleged violations […]
“Development of violence among the colonized people will be proportionate to the violence exercised by the threatened colonial regime” Frantz Fannon A lot of ink has and is being spilled on upholding the legal rights of Omar Khadr in the face of the American extra-legal war on terror. Khadr has to come home to save […]
Justice Rosalie Abella and Justice Marshall Rothstein are often depicted as the opposite ends of the philosophical spectrum on the Supreme Court of Canada. Justice Abella is considered by many to be the most liberal member of the current Supreme Court (of course, whether this is good or bad depends largely on your own personal […]
The relationship between church and state is attracting increased attention in Denmark and the relationship between the Danish Protestant State Church and other religious group in Denmark is often intensely debated. The Protestant State Church comprises 82 percent of the Danes whereas e.g. the Catholic faith is a minority religion - comprising some ½ percent […]
The Canadian Legal blogoshpere is abuzz with commentary on "Judging Bastarache," the recent released report penned by Chris Schafer and James McLean at the request of the Canadian Constitution Foundation (CCF). "Judging Bastarache" provides an empirical analysis of the jurisprudence of the now retired Supreme Court Justice Michel Bastarache. The primary motivation behind the report […]
New Brunswick (Human Rights Commission) v. Potash Corporation of Saskatchewan Inc, 2008 SCC 45 (“Potash”), provides an interesting debate on how to interpret human rights law. While legal observers might have safely assumed that this is no longer a question, this case, in its departing analysis between the majority and minority, begs one to reconsider. […]
The Supreme Court's recent decision in Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d'Hydro-Québec, section locale 2000, 2008 SCC 43, reinterprets the common law account of employers' duty to accommodate disabled employees in the workplace. The court has not drastically departed from its past jurisprudence, but rather has reiterated the need […]
Last week, the Supreme Court released its judgment in Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44. Under the banner of access to justice, Binnie J., speaking for a unanimous court, ruled that section 12 of the Personal Information Protection and Electronic Documents Act (2005 c. 5) ("PIPEDA") does not furnish […]
The Deal Gets Approval On June 20th, 2008 the Supreme Court of Canada (SCC) over-turned the Quebec Court of Appeal (QCA) and held that the plan of arrangement taking BCE Inc. (BCE) private did not improperly neglect a subsidiary’s (Bell Canada) bondholders’ interests. The heavily leveraged ($30B) buy-out of shareholders claims ($51.7B) will proceed next […]
The Supreme Court's ruling in Simpson v. Mair, (indexed as WIC Radio v. Simpson 2008 SCC 40) is, without a doubt, a major victory for advocates of freedom of expression. By both clarifying and broadening the scope of the fair comment defence to defamation, Mair is sure to generate a thaw in journalistic expression, especially […]