(Part 3 of 3) Introduction This is the third and final installment of an article on the Supreme Court’s current review of qualified privilege in the common law of defamation. The first installment considered various formulations of qualified privilege in the common law of defamation, and why the formulation applied by the Ontario Court of […]
Cusson, Quan, Jameel. Freedom of Expression, Grenier, Reynolds, Richard Butle
(Part 1 of 3) Introduction The Supreme Court of Canada is in the midst of a little spring cleaning in the law of defamation. Cusson v Quan was a case concerning an Ontario provincial police officer who on his own initiative travelled to New York City following the events of September 11, 2001, to assist […]
We are coming up on one full year since the Supreme Court heard the appeals for R. v. Grant and R. v. Shepherd, which -- along with R. v. Harrison (also awaiting judgment) -- represent a holy triptych dealing with the admissibility of unconstitutionally obtained evidence under section 24(2) of the Charter. Grant and Shepherd […]
Just a quick note about the Ellard hearing at the SCC yesterday. Almost 12 years after the drowning death of Reena Virk, accused Kelly Ellard’s fate for her alleged role in the death is still uncertain. 3 trials, 2 appeals, and 1 hung jury later, this sordid saga could be sent back for yet another […]
On March 17, 2009, the Supreme Court of Argentina ruled that the “Partido Nuevo Triunfo” cannot be recognized as a political party. The issue had been heard in the lower court, the “Cámara Nacional Electoral” - which rules on issues regarding political parties and elections – that “Partido Nuevo Triunfo” had tried to get recognition […]
This Friday, the Supreme Court of Canada will be delivering its judgment in Robin Chatterjee v. Attorney General of Ontario, a case that contemplates a division of powers issue. Specifically, the SCC was asked to consider whether sections 1-6, 16 and 17 of the Remedies for Organized Crime and Other Unlawful Activities Act (the “Civil […]
The following post was published on www.TheCourt.ca on April 10, 2009. We are rerunning it because it appeared hours before a post commenting on the Supreme Court's recent decision in R. v. Patrick, and therefore may have been overshadowed. After the Supreme Court of Canada handed down its decision in R. v. Kapp, 2008 SCC […]
On April 13, 2006, the Federal Court of Australia released its judgment in the case Australian Communications and Media Authority v. Clarity1 Pty Ltd [2006] FCA 410. This decision is an important step in the fight against spam in Australia, being the first successful prosecution by the regulator, Australia Communications and Media Authority (ACMA), for […]
More than twenty years ago, the late Justice William J. Brennan of the U.S. Supreme Court penned an impassioned dissent in California v. Greenwood, 486 U.S. 35 (1988) to a majority opinion that denied the existence of a reasonable expectation of privacy in garbage. "A single bag of trash" Justice Brennan wrote, "testifies eloquently to the eating, reading and recreational habits […]