In May, my colleague Ajit Singh wrote an introductory piece setting the scene for the Supreme Court of Canada’s (SCC) decision in SL, et al v Commission scolaire des Chênes, et al, [2012] 1 SCR 235 [SL]. Last week, the SCC released its decision in SL, unanimously dismissing the appeal. SL both clarifies our understanding of what […]
As earlier reported in TheCourt.ca's Amici Curiae, infamous alleged war criminal Léon Mugesera was extradited back to Rwanda and charged with genocide planning, genocide incitement, and distribution of arms earlier this year. This was not, however, before Mr. Mugesera made final attempts to throttle his deportation order from Canada before the Federal Court and the […]
Jury on Trial Ibrahim Yumnu, convicted of first degree murder with two others in December 2005, will have one last opportunity to appeal his conviction of life sentence to the Supreme Court on March 14. The Court will decide whether there should be a new trial. Yumnu and the two others failed to have the […]
Public Safety Minister Vic Toews recently generated a media frenzy when he introduced a controversial new bill that proposed to provide police departments with the ability to access personal information about Canadian Internet users without a warrant. While the proposed legislation is controversial in itself, Toews caused further controversy when he responded to criticisms by […]
The clichéd David vs. Goliath depiction is one which is often used when describing legal cases. But Ecuador’s Lago Agrio community vs. the Chevron Corporation is one legal battle which aptly fits the analogy. The controversial case has a long history, involving alleged environmental violations in Ecuador’s Amazon region by Texaco (now Chevron) from 1964 […]
I apologize for the at-times-Toronto-centric nature of this blog, but public transit in Rob Ford’s Hogtown is too contentious an issue to ignore. Though this case stems from the before-Ford era, the issues that it considers are as pressing today as ever. Back in 2003—under the leadership of Mel Lastman, of all people—the City of […]
In our first year torts class, our professor told us that those people who came to law school thinking that they were going to change the world had come to the wrong place. The law, by its nature, is a conservative institution. It follows social momentum, it doesn’t create it; it is complicit in the […]
Supreme Court Denies Leave in Indian Act GST Exemption Case The Supreme Court will not reconsider whether an Aboriginal’s interest in employment contracts can be considered “property” for the purposes of tax exemption under the Indian Act. In Roger Obonsawin v Her Majesty the Queen, 2010 TCC 222, the Tax Court of Canada determined that […]
“Sunlight is said to be the best of disinfectants.” – Former U.S. Supreme Court Justice Louis Brandeis, in “What Publicity Can Do,” Harper’s Weekly, 1913. In an environment that views public accountability with a healthy dose of skepticism, Parliament has advanced the Access to Information Act (the “Act”) to foster government transparency. In the pharmaceutical […]
Cruel and Unusual Punishment? An Ontario judge struck down the mandatory minimum sentence for possession of a loaded gun on Monday in The Crown v Smickle, 2012 ONSC 602. Justice Molloy found that the minimum 3 year sentence for a first time offender is “cruel and unusual punishment.” She classified the sentencing provision as unconstitutional. […]