A mysterious cheque in the mail, a sartorially savvy businessman, and non-stick oven pans are some of the factual debris in BMP Global Distribution v. Bank of Nova Scotia, 2009 SCC 15, the latest case to be decided by the Supreme Court. At the centre of the case, however, is a simple question of banking […]
Over the past few weeks, the George Galloway debacle has received extensive coverage in the news. In this post I would like to draw an analogy between Mr. Galloway's plight and the Supreme Court's landmark decision on rule of law, Roncarelli v. Duplessis, [1959] S.C.R. 121. This comparison was raised by our colleague Mr. Omar […]
One of the dangers of the modern Canadian human rights regime is that it conflates the concept of sexual harassment with the concept of discrimination based on sex. Sexual harassment is a real and pressing problem; however, it is not contingent upon gender and sexual orientation. Rather, sexual harassment transcends these narrow categorizations. It exists […]
Last Thursday, the SCC granted leave to appeal in Fraser v. Ontario (Attorney General) (32968). This case involves the appeal of an Ontario Court of Appeal decision (2008 ONCA 760) finding that a provincial law prohibiting the ability of agricultural workers to bargain collectively violates the workers’ s. 2(d) Charter right to freedom of association. […]
The respondents in R. v. S.J.L.-G., 2009 SCC 14,, S and L (16 and 17 years of age respectively), were arrested along with 16 adults after a five-month long investigation into drug trafficking activities by a criminal organization. S and L were charged with numerous offences including criminal organization offences. The Crown filed for a […]
On Monday, March 23rd, the House of Commons debated Bill C-232, an NDP impetus to require that Supreme Court justices have knowledge of English and French. The bill, tabled by New Democrat Official Languages Critic Yvon Godin, proposes that section 5 of the Supreme Court Act ( R.S., 1985, c. S-26 ) be amended to […]