There is nothing sexier than a good, old-fashioned division of powers case. OK, that is not true; however, the cases are important because they spell out who has to obey which laws. The Supreme Court of Canada's recent decision in Consolidated Fastfrate Inc v Western Canada Council of Teamsters, [2009] 3 SCR 407 [Fastfrate] involves a narrow interpretation of the […]
With 9/11 trial, bad facts will make bad law Further to the news that Khalid Sheikh Mohammad will be transferred to New York for trial in civilian court, David Feige, writing in Slate, has turned his mind to who will defend the alleged 9/11 mastermind. "No jury on this continent is going to acquit their client, the government […]
Since the advent of the Charter of Rights and Freedoms, a growing number of Canadian academics have delved into empirical, and especially quantitative, research on Supreme Court of Canada judicial decision-making. A flurry of articles and literature on the subject has been published in the past few months. Below is a sample of some such research. […]
The metaphorical glass ceiling has closed in again. This time, it is the Olympic aspirations of female ski jumpers that has been crushed by a male-biased system that limits the opportunities for female advancement. Last Friday, the British Columbia Court of Appeal released its written reasons in Sagen v Vancouver Organizing Committee for the 2010 […]
When families break down, Canadian courts are often charged with the difficult and unenviable task of determining custodial and access arrangements in the “best interests” of an affected child. Ontario’s Child and Family Services Act, RSO 1990, c C 11, provides a number of relevant factors to be considered in making such determinations, one of […]
The Sanctity of Informer Privilege "Informer Privilege" or "Informant Privilege" – the protection of the identity of a confidential informant—is one of the most prohibitive and absolute privileges in the Canadian legal system. The Supreme Court of Canada reiterated its importance last week by unanimously overturning both lower court decisions in R v Basi, [2009] […]
NY Trials 9/11 for Plotters Still A "State-Always-Wins" System U.S. Attorney General Eric Holder announced that Khalid Sheikh Mohammed and four other 9/11 defendants will be tried before civilian courts in New York, the city that The Christian Science Monitor calls the "terror trial capital of the US." Salon's Glenn Greenwald would no doubt disagree […]
In light of what is going on across the pond these days, it behooves us to pay attention to what happens where you fail to separate state and religion. Though to be honest, when your head of state also serves as Supreme Governor of the Church of England, such an exercise might be somewhat difficult. […]
Unlike the US courts, which are recognized for certifying a multitude of class actions and awarding prodigious punitive damages, Canadian courts see a negligible number of class actions being brought forward. Class actions in Canada rarely proceed to a contested certification motion. They often reach the certification checkpoint and are denied certification on the basis […]
Yesterday, the Supreme Court of Canada heard two appeals testing the constitutionality of s. 517 (the publication ban provision) of the Criminal Code, RSC, 1985, c C-46. In both cases, the court found that s. 517 infringed the guarantee of freedom of expression under the s. 2(b) of the Charter. Opinions differed, however, as to whether this […]