Potentially Detrimental Consequences for the Office of the Information and Privacy Commissioner in Alberta Teacher’s Association

The Alberta Court of Appeal ("ABCA") recently released its decision in Alberta Teachers’ Association v Alberta (Information and Privacy Commissioner), 2010 ABCA 26, dealing with time extensions by the Privacy Commissioner and consequences following the breach of the time rules set out in Personal Information Protection Act, SA 2003, c P-6.5 [PIPA]. The Alberta Court […]

The Division of Powers, Before and After Consolidated Fastfrate v Western Canada Council

(Editor's Note: The author, Richard Butler, is a constitutional lawyer with the B.C. Ministry of Attorney General. The views expressed are those of the author, and not his employer.) Introduction A profound change of thinking on constitutional design is evident in the Supreme Court’s recent jurisprudence -  a change made manifest in the Court’s evolving approach […]

Leering v College: Patients With Benefits

On February 2 the Ontario Court of Appeal ("ONCA") rendered its decision in Leering v College of Chiropractors of Ontario, 2010 ONCA 87 [Leering], a professional ethics/discipline case concerning the stiff prohibition on sexual relations between medical professionals and their patients.

Duelling Overtime Cases Heading for Appeals

When two trial courts faced with similar facts come to opposite conclusions, it's almost certain that the cases will go up the appellate ladder. So it is with two class actions getting underway against CIBC and the Bank of Nova Scotia, both of whom are alleged to have withheld overtime pay from their employees.

Does the Charter Follow the Canadian Flag, or Canadian Passports?

With the recent release of Canada (Prime Minister) v Khadr, 2010 SCC 3 [Khadr], the application of the Canadian Charter of Rights and Freedoms to the activities of the Canadian government outside of Canada continues to occupy centre stage (see TheCourt.ca’s coverage of Khadr here). Advocates of Omar Khadr, both legal and political, continue to emphasize his Canadian […]