If there is one thing law students revel in, it is evaluations and rankings. For a discipline so fraught with subjectivity and indeterminacy, we place a heavy stake in the ambiguous, opaque, and really rather meaningless ratings we are subjected to once a semester. And how else to explain all the important life choices made chiefly on the […]
This month the Supreme Court of Canada ("SCC") will be hearing the appeal of Manuge v Canada, [2009] 1 FCR 416. This case will be of interest to patrons of the Federal Court because it raises significant procedural issues. In particular, the SCC will have to determine whether the Federal Court has jurisdiction to hear […]
Later this year, the Supreme Court of Canada ("SCC") will hear arguments in the companion cases Kerr v Baranow, 2009 BCCA 111 and Vanasse v Seguin, 2009 ONCA 595. Both concern the rules for allocating spousal support between separated common law partners. While I do not expect the cases to add much beyond a gloss on an […]
On December 22, 2009, the Supreme Court of Canada ("SCC") issued its judgment in Grant v Torstar Corp, [2009] 3 SCR 640 [Grant v Torstar] establishing a new "responsible communication" defence to the tort of defamation. Much has already been said about the decision in media and journalistic circles and the decision has been hailed as […]
A proud, happy Chief turns 10 Beverley McLachlin marks her 10th anniversary as chief justice of the Supreme Court of Canada this week. Speaking to The Globe and Mail, McLachlin observed that the impacts of the court’s judgements continue to weigh heavily on her. "They are all really, really important issues at this level," McLachlin […]
Introduction The Supreme Court of Canada's ("SCC") recent decision in R v Legare, [2009] 3 SCR 551 [Legare] finally gives true efficacy to Parliament's Bill C-22 and the Criminal Code, RSC, 1985, c C-46 [Criminal Code] amendment to combat child luring. By denying the defense that there had been no intention to commit the underlying offence and […]
On December 17, the Supreme Court of Canada ("SCC") heard Fraser v Ontario (Attorney General), 2008 ONCA 760 [Fraser], which tests the constitutional right to collective bargaining under the Charter's s. 2(d) freedom of association in the case of farm workers. Coming off of a recent Labour and Employment Law exam and having an affirmed interest […]
At least one advantage of a neutral citation is it provides a quick way to determine how many judgments the Court has released in a year. As we move out of the Aughts (or whatever pop culture decides to call the last ten years) I can confidently report that the Court closed out the decade […]