Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The International Court of Justice (ICJ), in a 10-4 decision, answered this question in the affirmative in an advisory opinion to the General Assembly of the United Nations (UN), titled Accordance with International Law of the […]
Iranian-born Canadian Ali Tahmourpour has finally found success with respect to his discrimination complaint at the Federal Court of Appeal (2010 FCA 192). Last week, a panel of three justices decided that, ten years ago, Tahmourpour was dismissed from the Royal Canadian Mounted Police (“RCMP”) as a result of of racial and religious discrimination. Tahmourpour […]
On Friday the SCC set a precedent for awarding constitutional damages for Charter violations in the decision of City of Vancouver v. Ward, 2010 SCC 27. The SCC in part allowed the City of Vancouver and Province of British Columbia’s appeal of Tysoe J.’s award of damages to Alan Cameron Ward for Charter violations. Ward […]
Do non-resident corporations carrying on business in Canada have to pay a penalty for failing to file an income tax return on time, even though no tax is owed? This question was answered in the affirmative by the Tax Court of Canada (pursuant to s. 162(2.1) of the Federal Income Tax Act, R.S.C. 1985, c. […]
Last week, the Ontario Court of Appeal confirmed that former Toronto Maple Leafs Captain Rob Ramage will serve the four year prison term given to him at trial for impaired driving causing death and dangerous driving causing death. The convictions relate to a 2003 head-on collision that killed Mr. Ramage's passenger in the car, former […]
The Federal Court of Appeal’s recent judgment in Hinzman v. Canada (Minister of Citizenship and Immigration), 2010 FCA 177 is a decisive, if transitory, victory for American Iraq war resisters seeking refuge in Canada. Transcending the narrow theme of conscientious objection, the decision simultaneously provides authoritative guidance on the standards expected of administrative decision-makers, the […]
In R. v. Levigne, 2010 SCC 25, the SCC further developed the interpretation of s. 172.1 of the Criminal Code, which is the inchoate offence of luring a child over the internet. At issue was the interpretation of ss. 172.1(3) and (4). Subsection (3) creates a rebuttable presumption that the person represented to the accused […]
This month the SCC denied leave to appeal in the case of R. v. Carpenter, 2010 BCCA 27. This was an appeal of the British Columbia Supreme Court decision in R. v. Carpenter, 2006 BCSC 1936. The primary issue was whether or not a judge, before admitting similar fact evidence, must be convinced beyond a […]
Last week, the SCC did not grant leave to appeal in Linn v. Kovach, 2010 ONCA 126, leaving intact the principle that jury trials may not be split unless both parties consent. The decision is particularly interesting as the amended Ontario Rules of Civil Procedure of January 1, 2010 led to a strong obiter dicta comment. […]
On July 8, the SCC announced that it will be hearing two appeals regarding the Ontario Court of Appeal’s (OCA) revolutionary decision in Van Breda v. Village Resorts Limited, 2010 ONCA 84. The SCC's decision is highly anticipated because it will finally put to rest the calls for change that culminated in a five judge […]