Normal 0 There is a somewhat peculiar fact pattern in the case of IBM Canada Limited v Waterman, 2013 SCC 70. It led to an unusual outcome, to the benefit of the respondent-plaintiff, in which the Court expanded the boundaries of flexible damage awards. The decision also enunciates important principles regarding pension entitlements and age […]
In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]
Late last month, the Attorney General of Canada filed its written arguments for the upcoming Nadon Reference. In an earlier post, and an article written with Professor Carissima Mathen, I addressed some of the problems with the AG’s interpretation of s. 6 of the Supreme Court Act. Neither piece, however, gets into the constitutional issues. […]
etucker 9.2720 Normal 0 Much of what governments do in Canada is ruled by secondary legislation. These regulations fill thousands of pages, often dealing with complex technical issues. Parliament passes statutes with general principles, which authorize government bodies to write the more detailed regulations. The Supreme Court of Canada's ("SCC") decision in Katz Group Canada […]
Further to my bulletin posted here, on November 12, 2013, the Court of Appeal for Ontario (ONCA) has struck down the three-year mandatory minimum sentence for possession of prohibited or restricted firearm (with ammunition either loaded or easily accessible; s. 95 of the Criminal Code) in a series of six decisions. The unanimous decisions come […]
Almost four years since President Obama endorsed the so-called “Volcker Rule,” five US regulatory agencies are still debating its precise formulation. The rule, which is designed to prohibit banks from making risky, speculative bets, was passed into law as Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) on July 5, […]
In a pair of recent decisions, the Supreme Court of Canada upheld sniffer dogs searches that trial court judges had ruled unconstitutional. The use of sniffer dogs engages section 8 of the Charter of Rights and Freedoms, which protects against unreasonable search and seizure. In the first case, R v. Chehil, 2013 SCC 49, the […]
These days, the pen (or, perhaps, the keyboard) is truly mightier than the sword. Pens shape public perception, and that power endures beyond borders and beyond lifetimes in our digital age of information. But as the adage goes, with great power comes great responsibility. The international media frenzy surrounding the Rob Ford saga has intensified […]
In a decision released last month, the Supreme Court of Canada unanimously dismissed Pierino Divito’s appeal to serve his American prison sentence in Canada. Divito, an infamous mobster linked to organized crime in Montreal has had his fair share of legal trouble. In fact, the Supreme Court decision itself cites convictions going as far back […]
In a unanimous decision, the Supreme Court of Canada in Alberta v United Food and Commercial Workers, Local 401 2013 SCC 62 declares Alberta's Personal Information Protection Act (PIPA) to be unconstitutional, as it breaches a union's freedom of expression, protected under s. 2(b) of the Charter of Rights and Freedom, and cannot be justified under s. 1. Despite […]