Home » 2011 » February (Page 2)

We Got 99 Problems With Terrorists but the Charter Ain't One: R v Khawaja

Editor’s Note:  On January 10th, 2011 TheCourt.ca featured the first piece of this two-part series on the recent terrorism appeals at the Ontario Court of Appeal.  This is the second part of the series and is concerned with the constitutionality issues raised in the case. Before delving into the constitutional concerns in the case, background […]

Amici Curiae: The Nutella Shocker, Airport Security, and Sled Dog Edition

Nutella – Delicious and Not Healthy? A California woman is bringing a class action lawsuit against Nutella, alleging that Ferraro USA Inc., the maker of Nutella, “falsely and misleadingly markets Nutella as healthful” even though it “contains 70% saturated fat and processed sugar by weight”. The plaintiff also claims that she was “shocked” to learn […]

Target vs. Target? Just One Hitch Between Me and The Dollar Spot

As excitement builds for U.S retailer Target Corp.'s anticipated launch in Canada, one tiny hiccup awaits the company at the border: a trade-marks lawsuit.  Isaac Benitah, who owns Canadian retailers such as Fairweather and International Clothiers, has filed a $250-million lawsuit in the Federal Court against Target Corp. and an injunction preventing the American company […]

Courts, Cameras and the Fourth Estate: Canadian Broadcasting Corp v Canada (Attorney General)

What do O.J. Simpson and Bruno Hauptmann have in common? Their judicial proceedings were captured on camera. Unlike all 50 federated states in the U.S. which permit some degree of camera access to state courts, Canadian provinces generally prohibit the use of cameras in trial courts. Recently, the CBC, Groupe TVA, La Presse and the Fédération […]

R v Gomboc: A Powerful Debate on DRA Evidence and Section 8

Last September, I offered my thoughts on the Alberta Court of Appeal’s ("ABCA") decision in R v Gomboc, 2009 ABCA 276, a case that dealt with the right to be free from unreasonable search and seizure under section 8 of the Charter. At the time, the case had already been granted leave to appeal to […]