Home » 2010 » March (Page 2)

R v Moquin: Definition of "Bodily Harm"

On March 1, the Manitoba Court of Appeal ("MBCA") released its decision in R v Moquin, 2010 MBCA 22. In doing so, the MBCA visited how to properly distinguish between the crime of "assault" (s. 265 of the Criminal Code, RSC 1985, c C-46) and the crime of "assault causing bodily harm" (under s. 267(b) of […]

Why Can't Someone Reveal the Inner Workings of Our Supreme Court?

In order to pull my weight in solidifying the general reputation of law students as somewhat nerdish types who just…can't…get…enough…law, I recently picked up The Nine, journalist Jeffrey Toobin's behind the scenes look at the U.S. Supreme Court through the nineties and early 2000s. (The book was reviewed by TheCourt.ca's Jon Bricker back in March […]

Amici Curiae: The Aboriginal Shaft, Supreme Encirclement, and Pelosian Quayleness Edition

Old Legal Debts and the Indian Act The Financial Legal Post's Julius Melnitzer says that Borden Ladner Gervais' [BLG] appeal in Borden & Elliot v Temagami First Nation (see [2009] 3 CNLR 30) "is shaping up as potentially embarrassing to BLG, if not downright ugly." Others might put it more strongly, actually, in that BLG's alleged […]

Using Legal Advice as a Shield from Liability: Fullowka v Pinkerton's of Canada Ltd

In 1992, a striking gold miner in the Northwest Territories (NWT) planted a bomb which killed nine replacement workers. The ensuing judicial saga, in which the widows of the murdered men sought compensation in tort from the security company guarding the mine, the union, and the territorial government branch responsible for mine safety, ultimately came […]

Does the Charter Apply to Landed Immigrants Detained at Guantanamo?

A few weeks ago, the Supreme Court of Canada ("SCC") denied leave to appeal in Slahi v Canada (Justice), 2009 FCA 259, first canvassed on TheCourt.ca by Padraic Ryan here. My post aims to briefly examine the international law aspects of the case and their relation to the Charter.

Official (and Unofficial) Supreme Court Statistics, 1999-2009

The Supreme Court of Canada ("SCC") recently released official statistics on its work in 2009 along with comparisons with the previous ten years: Bulletin of Proceedings: Special Edition, Statistics 1999 to 2009 (26 February 2010). The official statistics are interesting and insightful. In light of recent, flavourful TheCourt.ca posts by my friend James Yap ("Judgment […]

Amici Curiae: The Roberts Retirement, Karadzic Defence, and $98-Billion Human Rights Claim Edition

SCOTUS Chief to (Not) Retire Breaking news: John Roberts, the Chief Justice of the United States, is retiring "for personal reasons," Radar online reported yesterday. Actually, just kidding! Radar, known more for following Hollywood celebrities than Supreme Court justices, retracted the story less than an hour later, but not before it had ricocheted across the Web: The Huffington […]

R v Ramage: Unreasonable Seizure of Bodily Evidence in the Aftermath of R v Grant

This past Monday (March 1, 2010), the Ontario Court of Appeal heard arguments from Rob Ramage's lawyers in the appeal of their client's convictions and sentence for dangerous driving and impaired driving (see R v Ramage, 2007 CanLII 37683 (ONSC) [Ramage]). What is of note in this case, beyond the former Toronto Maple Leaf captain's public image, is the […]