Last weekend, both violent and peaceful political protestors gathered on the streets of Toronto to voice concerns surrounding the G20 World Leader’s Summit. Smashed windows, police cars ablaze and billiard balls thrown at riot squads were all occurrences at the Summit … all within 5 metres of the security fence. Demonstrators avoided this area after […]
Truckers and other highly mobile workers will be a little more wary when they are travelling on the highway in the course of their employment due to the SCC’s most recent decision. On Friday the SCC released its unanimous decision in R. v. Nolet, 2010 SCC 24, which negatively impacts the minimal right to privacy […]
International Court of Justice to Hold Special Elections to Replace Retiring Judges Recently, Justices Shi Jiuyong of China and Thomas Buergenthal of the United States announced their resignations from the International Court of Justice (“ICJ”), both before fulfilling the nine-year terms they were elected to. As a result, two special elections for their replacements will […]
Released last week, the Federal Court decision of The Attorney General of Canada v. United States Steel Corporation 2010 FC 642 addresses the rules governing foreign investment in Canada. Meant to govern partnerships and transactions between Canadian entities and foreign investors, the Investment Canada Act (“Act”) creates a controlled climate for foreigners intending to do […]
The SCC is in the midst of developing a pattern of conservative decisions on s. 2(b) of the Canadian Charter of Rights and Freedoms. In its last decision on s. 2(b), the SCC held that mandatory publication bans in the Criminal Code that interfered with the “open court principle” were constitutional. The open court principle […]
Last week the SCC released its decision in R. v. Conway, 2010 SCC 22. At issue was whether or not the Ontario Review Board (“ORB”) has the authority to grant remedies under s. 24(1) of the Charter. As noted by the SCC, the “wider issue [was] the relationship between the Charter, its remedial provisions and […]
Last week, The Court discussed the constitutionality of the proposed federal Securities Act. This second post discusses the potential effects that the Act may have on the securities trade in Canada. In a move to address systemic inconsistencies in Canadian securities regulation, the federal government recently drafted a federal Securities Act, intended to coordinate and […]
The SCC inflicted a huge blow to the media last Thursday with the release of its joint decision on two appeals regarding the constitutionality of mandatory publication bans under s. 517 of the Criminal Code. Pursuant to an application by the accused, s. 517 requires a judge to order a publication ban on “evidence taken, […]
In December of this year, the SCC is scheduled to decide if the Canadian Human Rights Tribunal (“CHRT”) has the authority to award legal costs under the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (“CHRA”). In Mowat v. Canadian Armed Forces, 2006 CHRT 49, the complainant, Donna Mowat, alleged that while a member of […]
Editor’s Note: This is the first of a two-post series on the proposed Canadian Securities Act. The federal government recently referred the proposed legislation to the SCC. The first post focuses on the constitutionality of the proposed legislation, while the second post will compare the merits of federal and provincial regulation, and discuss the effect […]