Home » 2008 » September (Page 2)

Bringing Khadr Home – Not Worth the Political Cost to Harper

Yesterday marked another significant delay in the trial of Omar Khadr before a U.S. Military Commission. Despite this, it is virtually certain that our Prime Minister will continue to refuse to take any action to help secure Khadr's release. Why is that? The answer, as one might expect during a federal election, is pure and […]

LTH v Her Majesty the Queen: A Forecast

A decision to be rendered today by the Supreme Court of Canada may help clarify another vague area of the law as it pertains to youth justice. The decision impacts police procedures when it comes to explaining a detained young person’s rights and waiver thereof, before any statement they make is admissible. The issues presented […]

Regional Representation on the Supreme Court: Did Harper snub Newfoundland?

While the choice of Justice Thomas Cromwell to succeed retired Justice Michel Bastarache on the Supreme Court of Canada ("SCC") has been universally hailed, Stephen Harper's abandonment of the vetting process has been the subject of intense scrutiny. On Monday TheCourt.ca contributor Rebecca Ross examined Harper's decision to bypass the ad hoc parliamentary selection committee […]

Re Metcalfe and Mansfield Alternative Investments II Corp.: Can a CCAA plan contain a release of claims against third-party financial institutions?

On September 2, 2008, various holders of Asset Back Commercial Paper notes, sought leave to appeal to the Supreme Court of Canada in Metcalfe & Mansfield Alternative Investments II Corp, (Re), 2008 ONCA 587 [Metcalfe]. following the Ontario Court of Appeal’s approval of a Plan of Compromise and Agreement, which takes away the ABCP holders’ rights […]

Supreme Court Appointments: When Law and Politics Collide?

On September 5, Prime Minister Stephen Harper announced the nomination of Nova Scotia Court of Appeal Justice Thomas Cromwell to the Supreme Court of Canada. The press release can be found immediately below, as well as here. The naming of Justice Cromwell certainly comes as no surprise to legal analysts. In fact, a recent TheCourt.ca […]

Harper Nominates Cromwell for the SCC

Prime Minister Harper has nominated Justice Thomas Cromwell of the Nova Scotia Court of Appeal to fill the Supreme Court of Canada vacancy left by the retirement of Justice Michel Bastarache. Today's nomination ends the work of Parliament's politically-mired Supreme Court Selection Panel, which failed to arrive at a short list of suitable candidates. The […]

Should Supreme Court judges be required to be bilingual?

What is justice if you cannot make yourself heard properly? What is justice when an ill-informed person determines your fate? We can all attest to it: even people who share a language occasionally have difficulty understanding each other. Languages are alive. They are characterized by nuances and subtleties which vary, namely, according to cultural references […]

The Historic Record of the Internet

A decade ago few of us had heard of "blogging". With the meteoric rise of the Internet, however, the "blog" has also risen as one its primary tools of communication. Thanks to user friendly software like WordPress, today anyone with a computer can have a blog, leveling the imbalance that has long existed in the […]