Land Of the Free? SCC Rules that Refugee Status Is Not Immunity From Extradition But Won't Send Jószef and Jószefne Németh Homebound Just Yet (Németh v Canada)

What do you do when a foreign state knocks on your door requesting the extradition of individuals facing criminal charges back home? If Karlheinz Schreiber comes to mind, then your answer might be, "No sweat, send him packing." But the fact that Jószef Németh and his wife, Jószefne Németh, were Roma refugees living in Canada […]

Bentley v Anglican Synod of the Diocese of New Westminster: The Might of Religious Doctrine

In the late 1990s, the New Westminster diocese ("territory") of the Anglican Church of Canada ("ACC") convened a synod ("council") in order to consider the question of whether clergy ought to bless same-sex unions. In 1998, the Diocese decided to permit, though not require, clergy to perform liturgical blessings for same-sex couples. In 2002, the […]

“Irresponsible Journalism” Back on the Debate Table as British Newspaper Appeals to UK Supreme Court for Qualified Privilege

Newspapers once again find themselves on the losing side of libel suits. On July 13, 2010, in Flood v. Times Newspaper Ltd. [2010] EWCA Civ 804 (“Flood”), the England and Wales Court of Appeal (Civil Division) (“EWCA”) overturned the trial decision and held that a newspaper was unable to claim qualified privilege for online reporting […]

Amici Curiae: The Speeding Ferrari, Gendered Will and Testament, and "Cablegate" Edition

A Most Expensive ticket A speeding ticket might not be collected through just a monetary fine anymore—instead, a speeding vehicle may actually be seized and resold on the market. This scenario might seem unbelievable to the public, but remains enforceable under British Columbia’s beefed-up Civil Forfeiture Act, which was amended in 2008. On Sept 27th, two men in […]

SCC Confirms that 80% of Success in Life is Showing Up: Beckman v Little Salmon/Carmacks First Nation

The Supreme Court of Canada ("SCC") has ushered in a new generation of land claims deals. Like an annual checkup at an overworked General Practitioner’s office, these land claims deals are formal, brisk, and to the point – and if you miss the meeting, you are charged a small, yet potentially aggravating, stipend. Beckman v Little Salmon/Carmacks […]

Light at the End of the Tunnel: Tragic Murder-Suicide Case Prompts SCC to allow Punitive Damages in de Montigny v Brossard (Succession)

The tragic case of a father killing his estranged family, then himself, underlies the Supreme Court of Canada’s ("SCC") recent decision in de Montigny v Brossard (Succession), [2010] 3 SCR 64. In this case, the SCC allowed punitive damages in the absence of a deterrent effect. This case marks a turning point in how courts […]