SCC Decision in Khadr Today Will the SCC defy, or defer to, the Harper government? Today, the SCC delivers its judgment in Prime Minister of Canada et al. v. Omar Ahmed Khadr (discussed on TheCourt.ca here, here and here). In doing so, it will also deliver its verdict on lingering issues about the government's "duty […]
On the afternoon of September 12, 2005, the media were more concerned with the news that Michael D. Brown—or “Brownie,” of Hurricane Katrina “heck of a job” fame—had resigned than what was happening in the Caucus Room of the Russell Senate Office Building in Washington. Inside, John G. Roberts was listening patiently as twenty one […]
As briefly surveyed in last Friday’s Amici Curiae, the U.S. Supreme Court’s recent decision in Citizens United v. Federal Election Commission, No. 08-205, is causing quite the stir in judicial circles for its recognition of corporations as legal persons entitled to First Amendment protection. What many conservative commentators are calling a major victory for free […]
On January 21, 2010, the Supreme Court of Canada ("SCC") released its judgment on MiningWatch Canada v Canada (Fisheries and Oceans), [2010] 1 SCR 6 [MiningWatch]. MiningWatch deals with the level of discretion that federal ministries have in determining the scope of a given project for the purposes of undertaking an environmental assessment. Writing for the […]
Let Money Talk The U.S. Supreme Court delivered a "blow to democracy" in a "disastrous" judgement yesterday, The New York Times editorial board declared, urging the U.S. Congress to "act immediately to limit the damage of this radical decision." In its bitterly-divided 5-4 ruling in Citizens United v. Federal Elections Commission, the high court found […]
Introduction This past Tuesday, the Supreme Court of Canada ("SCC") heard the appeal from R v JZS, 2008 BCCA 401, a case involving the validity of several provisions of the Criminal Code, RSC, 1985, c C-46 [Criminal Code] concerning testimony by children. In R v JZS, [2010] 1 SCR 3, after hearing the appellant's argument, […]
Background In Canada, Marijuana is subject to a criminal prohibition on possession, sale, and production under the Controlled Drugs and Substances Act, SC 1996, c 19 [Act]. In recent years, however, courts have recognized exemptions for the medicinal use of marijuana based on s. 7 of the Charter. The first and most profound crack in the […]
The Supreme Court of Canada ("SCC") will hear a series of seven appeals later this week to clarify a mess of case law that has grown around the juicy-sounding doctrine of collateral attack. (Coincidentally, "24" premieres this week, though I do not expect Jack Bauer to have any involvement in this particular saga.) The fact that […]
On December 4th, the Tax Court of Canada released its decision in General Electric Capital Canada Inc v The Queen, 2009 TCC 563 [GE Capital], dealing with transfer price deductions. GE Capital was anticipated as a major decision relating to transfer pricing and inter-company financial transactions. Consequently, the court conducted a thorough analysis of the […]
Facebook and Judicial "Friendship" If a judge makes Facebook "friends" with a lawyer, is she friends with that lawyer? Could she try a case argued by that "friend" impartially? In the wake of minor controversies involving Facebooking American judges, the Montreal Gazette's Janice Tibbett writes that Canada's judiciary is aware of the issues provoked by […]