In R. v. Szczerbaniwicz, 2010 SCC 15, the SCC took its first crack at interpreting s. 39(1) of the Criminal Code of Canada. Section 39(1) provides a defence where the accused commits a criminal offence while defending his or her peaceable possession of personal property, as long as "he [or she] uses no more force […]
It appears that President Obama is very close to nominating a replacement for Justice Stevens of the United States Supreme Court. The ninety-year-old Justice will end his career at the finish of the current court term, this July, and there is speculation that a nominee will be announced this coming week. As expected, the route […]
Last month, the SCC unanimously dismissed the appeal of R. v. Briscoe, 2010 SCC 13 and confirmed that a new trial was necessary. The Briscoe decision provides an interesting analysis into both the prosecutorial decisions of the Attorney General and the mens rea requirement for party offences. In particular, the decision clarifies the wilful blindness […]
With the expiration of the personal income tax filing deadline, it is fitting to mark the occasion by discussing the SCC's recent decision in Montreal (City) v. Montreal Port Authority, 2010 SCC 14, regarding Crown corporation payments in lieu of taxes (PILT) to municipalities. At issue in this case was the scope of two Crown […]
(The Court returns after a week transitioning from our 2009-2010 academic-year editorial team to our summer editors. We thank our readers for their patience during this break. From May 3 through to the end of August, we move to our summer publication schedule of three postings per week [usually Mondays, Wednesdays and Fridays] with occasional […]