Canadian Human Rights Commission v Canada (AG): SCC Decision Shapes Dim Reality For Human Rights Complainants

In Canada (Canadian Human Rights Commission) v Canada (Attorney General), [2011] 3 SCR 471 [Canada v Canada], Ms. Mowat filed a sexual harrassment complaint against her former employer, the Canadian Forces. The Canadian Human Rights Tribunal ("Tribunal") found that her complaint was partially substantiated and awarded her $4,000 for “suffering in respect of feelings or self respect.” When […]

R v Imperial Tobacco Canada Ltd: The SCC Clarifies Negligence Claims against Public Authorities

In September 2005, the Supreme Court of Canada ("SCC") held that British Columbia’s Tobacco Damages and Health Care Costs Recovery Act, SBC 2000, c 30 [CRA] was constitutional in British Columbia v Imperial Tobacco Canada Ltd., [2005] 2 SCR 473. The CRA allows the provincial government to recover smoking-related healthcare costs from tobacco companies. In response […]

Admissibility & The Lack of Legal Counsel, A Comparative Perspective: Her Majesty’s Advocate v P (Scotland) [UKSC]

In early October the Supreme Court of the United Kingdom [‘UKSC’] was asked to determine whether evidence with an independent life of its own, obtained from an individual without a lawyer, is admissible in light of the respective guarantees to a fair trial and to legal advice in Articles 6(1) and 6(3) of the European […]

R v Côté: An Interpretation and Extension of Grant

After much wrangling in cases such as R v Collins, [1987] 1 SCR 265 [Collins] and R v Stillman, [1997] 1 SCR 607 [Stillman], the Supreme Court of Canada finally recognized the full purpose of s. 9 of the Charter in the landmark decision of R v Grant, [1993] 3 SCR 223 [Grant] two years ago. In many ways, R v Côté, [2011] 3 […]

Crookes v Newton: Hyperlinking, Defamation Law, and Freedom of Expression on the Internet

On October 17, 2011, the Supreme Court of Canada released its landmark decision in Crookes v Newton, [2011] 3 SCR 269 [Crookes], affirming 2009 BCCA 392 and 2008 BCSC 1424. At issue was whether creating an internet hyperlink to defamatory material constitutes "publication" of the material for the purposes of defamation law. The case challenged […]

Saskatchewan Human Rights Commission v. William Whatcott, et al. (2010), currently before the SCC

Before being born again, Bill Whatcott had it rough: by 14 he was living on the streets, selling himself to older men to survive, sniffing glue to get by. His religious rebirth transformed him into an outspoken member of the Christian Truth Activists. The religious teachings he chooses to preach in this new life do […]

The Upshot of Up-Stream Losses in Mexico v Cargill: Judicial Deference to International Arbitration Tribunals

Cargill Incorporated (“Cargill”) is a US-based company that manufactures high fructose corn syrup (“HFCS”), a low-cost substitute for cane sugar that is used as a sweetener in soft drinks. Mexico, the world’s second largest per capita consumer of soft drinks, implemented various trade barriers to protect its domestic sugar cane industry from foreign-produced HFCS. In […]

Angevine v. Ontario: Judicial Appointment Promise Unenforceable

Back in November of 1992, a Crown Attorney named Donald Angevine applied for an appointment to the Ontario Provincial Court. In the weeks that followed, he was interviewed first by the Judicial Appointment Advisory Committee (JAAC)—designed specifically to limit the appearance of political influence—and subsequently by the Judicial Council. According to Angevine, the Judicial Council […]

Masterpiece Inc v Alavida Lifestyles Inc: Much Confusion About Trade-mark Registration

Trade-mark law exists to protect consumers from confusion. Unregistered trade-marks are protected at common law and exist as soon as the mark is used, while registered trade-marks are protected under the Canadian Trade-marks Act, RSC, 1985, c T-13 [Act] and give the brand owner a wider scope of exclusive rights than unregistered marks. Nevertheless, protection arises only […]

Reneging on a Guilty Plea, Citing ADD

It all started at around the time of the terrorist attacks in New York City. He was a prominent dentist. She was an attractive blonde woman. Sitting the dentist’s chair in Dr. Jeffrey R. Burkes’ office in midtown Manhattan, Shari Perl Herman was getting her wisdom teeth removed by Dr. Burkes.