Home » 2012 » July

Tariff, Away: Re:Sound v Motion Picture Association of Canada

By now, readers are no doubt familiar with the Supreme Court of Canada’s ("SCC") July 12, 2012 release of judgments on the pentalogy of copyright cases. TheCourt.ca continues with its ongoing coverage of the cases, by considering Re:Sound v Motion Picture Association of Canada, [2012] 2 SCR 376 [Re:Sound] in this post. Along with its 4 sister-judgments […]

Of Guns and Gangs: R v Venneri

As the most recent Amici Curae post stated, this summer has definitely been the summer of the gun. In Edmonton, three armoured car guards were killed by a lone gunman on the University of Alberta campus. A daytime shooting at the Toronto Eaton Centre sent shockwaves through the city. And last week, two people were fatally […]

In Defense of Provocation? The SCC’s Take, In R v Mayuran

First year criminal law teaches you that provocation is one of the most controversial defenses that you can argue in a case, and even then, it is only a partial one, useful at the most, to reduce a murder charge to manslaughter. Right from the start then, pleading provocation is a sort of last-ditch effort, […]

Finding the Silver Lining for SOCAN in SOCAN v Bell

Growing up in a large family required frequent trips to Costco or, as it was at the time, Price Club. My mother would often do the extremely large shopping trips on her way home from work. Sometimes, however, those trips would be on the weekend – and with it came an invitation to join in […]

R v Lewis: Just how ‘Mandatory’ Should Mandatory Minimums be?

There is, for my money, no clearer example of the State’s coercive power over an individual than the criminal sentence. There is also, for my money, no other aspect of the Government of Canada’s legislative program that will more readily come into conflict with the Constitution than the panoply of sentencing reform provisions in the […]

Appeal Watch: Chinese Company Brought to Court, Telecom Takes a Hit and the Deportation of Foreign Criminals

Chinese Company Can Be Charged in Case Involving the Deaths of Two Temporary Workers Over the past few years, billions of dollars have been funneled into Alberta’s oil sands. The Chinese, in particular, have a voracious appetite for Canadian natural resources. While most Canadians welcome foreign investors, who inject money into the economy, build infrastructure, […]