Home » 2011 » March

Boys will be Boys? Street-Racing Drives-Up Sentencing in R. v. Field ABCA

Another Weekend Out-on-the-Town Timmothy Field, an ordinary 18 year-old Calgary teen, was out partying with friends on a Friday night. They went to two clubs, and then went back to his residence where they were drinking and playing video games until 4am. He and his friends left early that Saturday morning at 8:30am with little […]

Amici Curiae: The Offensive Apple App, Unsettling Settlement, and Firms-on-Alert Edition

Canada Pulling Its Weight In Libya As a ‘coalition of the willing’, including members from Europe and the Arab League, began enforcing a no-fly zone over Libya last week, Canada wouldn’t be left out. The no-fly zone was agreed upon internationally and embodied in UN Security Council Resolution UNSCR 1973. Interestingly, although deciding not to […]

"And the Winner is..." -- Announcing the Second Annual Golden Gavel Awards!

After weeks of mounting speculation, TheCourt.ca's editorial team is proud to present the winners of its second annual Golden Gavel awards! The illustrious Golden Gavels, previously called the OZZYs, recognize the most significant developments in Supreme Court of Canada jurisprudence. To recap, Golden Gavels are awarded in the following categories: Criminal Judgment of the Year […]

Alberta Court of Appeal finds proposed Securities Act unconstitutional

Advocates for a national securities regulator in Canada will be disappointed with the Alberta Court of Appeal’s decision in favour of the provincial opponents in the Reference re Securities Act (Canada), 2011 ABCA 77.  The Court of Appeal found that the federal government does not have the constitutional authority to regulate securities under the proposed Securities […]

Amici Curiae: The Killing Cameraman, Defamatory Tweet, and Viral Trial Edition

NPR Woes It’s been a rough two weeks for U.S. National Public Radio. Following a hidden-camera prank lunch by conservative prankster James O’Keefe in which NPR executives Ron and Vivian Schiller were caught slighting the Tea Party, both members were forced to resign based on their personal statements’ perceived left-wing bias. As a result, Republicans have successfully […]

No pre-nup? The Division of Property in Common Law Separations, Kerr v. Baranow

A common law relationship is when two people live together in a marriage-like relationship. The two people can be of the same sex or the opposite sex. For Ontario family law purposes, you must cohabitate for 3 years, or have a child and a relationship of some permanence. Despite the decreased rate of marriage and […]

Waking-Up to a Failed Criminal Appeal in R. v. Paul BCCA

Facts & Background: What started out as a normal night out in 2004 turned quickly into a tragedy. There was a bush party on the Penticton Indian reserve in British Columbia, and many of the partygoers were under the influence, with alcohol, marijuana and cocaine in full supply. Dustin Paul was 23 years old, high […]

Amici Curiae: The Hockey Hitting, Tackling Judge, Waiting for an Inquiry Edition

U.S. Patent Reform Is Near On Tuesday, the United States Senate overwhelmingly approved a patent reform bill by a 95-5 vote. The bill still needs to be passed by the House of Representatives before it can be enacted. If approved, the bill will represent the first significant changes to the U.S. patent system in nearly […]