Breeden v Black and Éditions Écosociété v Banro: Exercising Jurisdiction in Multijurisdictional Defamation Cases

In the companion cases of Breeden v Black, 2012 SCC 19 [Breeden] and Éditions Écosociété Inc. et al. v Banro Corp., 2012 SCC 18 [Banro], the Supreme Court of Canada clarified the manner in which courts should determine whether to exercise jurisdiction over multijurisdictional defamation claims involving foreign defendants. Although the decisions support the ability of plaintiffs to […]

Common Sense Prevails in R v Eastgaard

Establishing criminal liability requires that there be an actus reus, a mens rea, and that the actus reus and mens rea overlap.  Unless the offence makes it clear that an objective standard is intended, a subjective standard of mens reas will be applied, which often involves making inferences about the state of mind of the […]

Revisiting Publication Bans: MEH v Williams (2012)

Every tragedy has private dimensions to which the public is not privy. But should it be? In MEH v Williams, 2012 ONCA 35 [MEH], M.E.H. (respondent), the wife of former Col. David Russell Williams of the Canadian Armed Forces, sought a court order sealing the entire record of divorce proceeding she intended to bring against her […]

Delineating the Charter’s Scope in Pridgen v University of Calgary

Section 32 of the Canadian Charter of Rights and Freedoms limits the Charter’s application to the activities of the Federal government and Parliament, and the government’s of each province. While the purpose of this provision is to clearly limit the scope of the Charter’s application, as in many areas of law, what initially appears to […]

Momentous.ca v. Can-Am Assn. of Professional Baseball: SCC's Can-of-Corn Ruling on Attornment Still Leaves Questions Unanswered

The Supreme Court of Canada ("SCC") has recently released its decision in Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd., 2012 SCC 9 [Momentous.ca], which is only the first in a series of much awaited rulings of the SCC aimed at clarifying the question of jurisdiction Canadian courts have to hear private international […]

When is a ‘Penalty’ Not ‘Penal’? – Rowan v OSC

Last week, the Ontario Court of Appeal ("ONCA") released its decision in Rowan v Ontario Securities Commission 2012 ONCA 208  [Rowan]. In Rowan, the chief issue was whether s. 127(9) of the Ontario Securites Act, RSO 1990, c S.5 [the Act], which allows the Ontario Securities Commission ("OSC") to order administrative monetary penalties ("AMPs") of up […]

Kiobel v. Royal Dutch Petroleum Co.: To Expand or Limit Corporate Personality, the Alien Tort Statute and Extraterritorial Jurisdiction

At the moment, attention is focused on the United States Supreme Court’s (SCOTUS) controversial oral hearings on the Patient Protection and Affordable Care Act cases. However, arguments for a more important case for international lawyers took place on 28 February 2012. On that date, SCOTUS Justices heard arguments in Kiobel v Royal Dutch Petroleum, 621 F.3d […]

Amici Curiae: The Prostitution Challenge at the OCA and Trayvon Martin

Prostitution Challenge Passes Muster At ONCA After months of deliberation, the Ontario Court of Appeal ("ONCA") issued a landmark ruling  (Canada (Attorney General) v Bedford, 2012 ONCA 186) on Monday regarding prostitution laws in Canada. While prostitution itself was not illegal in Canada, up until Monday, several provisions regarding prostitution were. This decision recognizes the rights of […]

R. v. Ipeelee: Correction, Conviction and Culture

R. v. Ipeelee, 2012 SCC 13 [Ipeelee], is a difficult case. As with most criminal cases, the facts of the case are difficult to stomach: a dizzying confluence of alcohol and drugs and then bursts of violence, particularly against women. Raised without parental guidance in an abusive home, the two defendants, both of whom are of Aboriginal descent, […]