The ancient principle of res judicata states that an issue that has already been decided in a previous case should not be brought for trial again. To do so wastes resources, and may bring the administration of justice into disrepute. Even in earlier times, the doctrine was not always easy to apply. The devil is […]
As Justice Morris Fish announced his retirement from the Supreme Court of Canada effective August 2013 and Justice Louis LeBel will be forced to retire before the 2015 election, if there are no other resignations, Prime Minster Harper will have appointed seven justices in the panel of nine before the end of his term. There […]
On September 10 2013, the Parti Quebecois released the details of their newly proposed Charter of Values. Under this proposed charter, Quebec’s public employees, including doctors, judges, and day care providers, will not be allowed to wear overt religious symbols in the workplace. Bernard Drainville, the Quebec minister for Democratic Institutions and Active Citizenship, in […]
Section 143 of the Income Tax Act (ITA), colloquially known as the “Hutterite rule”, provides for the separate tax treatment of communal religious organizations that satisfy the definition of a “congregation” as defined in subsection 143(4). This section was enacted in response to litigation undertaken by a number of Hutterite colonies in 1977. Following its […]
At first glance, R v NS, 2012 SCC 72 [NS], appears to be a case about the limits of religious accommodation in Canadian courtrooms. While this issue is a significant concern, what is equally important about this case is the insight it provides into the Court’s ability to adequately address issues of equity, inclusion, and […]
The United Nations Convention Relating to the Status of Refugees has long played a necessary role in ensuring the security of displaced persons around the globe. The Convention also ensures that this important goal is not undermined by excluding from protection individuals who are guilty of committing atrocities. Article 1F(a) of the Convention excludes from […]
Trial Decision Bedford v Canada, 2010 ONSC 4264, was a constitutional challenge to several Criminal Code provisions prohibiting operation of brothels, criminalizing persons who live on the avails of prostitution, and prohibiting public communication for the purpose of engaging in prostitution [s. 210, 212(1)(j) and 213(1)(c) of the Criminal Code, RSC 1985, c C-46]. Himel J. found that the impugned […]
Background In Marine Services International Ltd. v. Ryan Estates 2013 SCC 44 the Supreme Court of Canada has dealt another blow to the oft-criticized constitutional doctrine of inter-jurisdictional immunity (IJI). IJI is a doctrine that restricts the application of the legislation of one level of government if it infringes on a core power of the […]
In an era where the bench and society recognize that judges are hard-pressed for time and resources, and given Chief Justice McLachlin’s repeated calls for increased access to justice, the Supreme Court of Canada’s unanimous decision in Cojocaru (Guardian ad litem of) v. British Columbia Women's Hospital & Health Center, 2013 SCC 30, is hardly […]
It is difficult to overstate the historical significance of United States v. Windsor, 570 US _ (2013), more popularly known as the decision of the US Supreme Court that struck down a key provision of the federal Defense of Marriage Act (DOMA). The decision, delivered by Justice Kennedy on 26 June 2013, instantly unlocked federal […]