Police interrogations involve psychological manipulation. The physical layout of an interrogation room is designed to maximize a suspect's discomfort and sense of powerlessness from the moment he steps inside. Interrogators attempt to develop a rapport with the suspect, using casual conversation to create a non-threatening atmosphere. Eventually, the detective confronts the suspect with bits and […]
As it stands, 2010 has been an interesting year for members of the media and media lawyers who are interested in the legal dimensions of the relationship between a journalist and her source. In particular, the Supreme Court of Canada has weighed in on two different issues related to journalist-source privilege. Earlier this year, the […]
In a previous post on the US Supreme Court decision, Bilski et al v Kappos, No.08-964 545 F. 3d 943 [Bilski], I discussed how SCOTUS alluded to the possibility that “business methods” could be patented in the United States – a case that did not outline precisely what kinds of business methods entailed protection. Canadian courts, by […]
On October 29th, the Supreme Court of Canada ("SCC") allowed the appeal of a controversial civil case (Christensen v Roman Catholic Archbishop of Québec, [2010] 2 SCR 694) to be remanded to the Quebec Superior Court ("QSC") for assessment. The court will hear the story that a victim thought she would never have the chance to tell. […]
Schwarzenegger: Violent Video Games Should Be Treated Like Porn The Supreme Court of the United States (SCOTUS) had an “animated” argument on Tuesday—California was defending a five-year old state law that bans the sale or rental of violent games to those younger than 18. This California Civil Code was enacted based on studies that say […]
On October 21, 2010, the Supreme Court of Canada ("SCC") held in Kuwait Airways Corp v Iraq, [2010] 2 SCR 571, that the Republic of Iraq (“Iraq”) could not rely upon its state immunity to limit the jurisdiction of a Quebec court in order to prevent recognition a foreign judgment for damages against it. The […]
As many readers are likely aware, the Minister of National Revenue (“Minister”) has very significant tax collection powers and employs them often. A quick look at the more recent convictions in the province of Ontario makes that clear. In fact, under certain circumstances, the Minister has the power to garnish a person’s paycheque or bank […]
The Ontario government recently agreed to pay William Mullins-Johnson, a victim of wrongful conviction, a $4.25 million reward to compensate him for 12 years spent in prison. Stories like this tend to raise the question in our minds of “How does one put a price on lost time?” I will cover Mr. Mullins-Johnson’s acquittal at […]
Omar Khadr Pleads Guilty In the most recent development in the Omar Khadr saga, the now twenty-two year old Canadian citizen pleaded guilty Monday to five war crimes charges. Since being caught in Afghanistan in 2002 at the age of fifteen, Khadr has spent the last eight years in the U.S. detention centre at Guantanamo […]
I love the Supreme Court of Canada. I really do. I have spent most of my career trying to defend it (at least to my first year constitutional law classes). Very few people could do the job that Supreme Court judges do. But it is sometimes hard to keep soldiering on defending the Court. How, for instance, […]