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 […]
Yesterday, Toronto city council voted in favour—37 to 5—on a largely symbolic motion to request Mayor Rob Ford both to apologize to the people of Toronto for misleading them about the now infamous “crack video” and to take a leave of absence to sort out the personal problems that appear to plague him. Council, though, […]
In a news conference at 2:30pm today, Ontario Premier Kathleen Wynne said that she would consult with the other party leaders on how to assist Toronto City Council with the growing Ford crisis. She laid out a path for potential provincial intervention and signaled to council that the province would act if requested: “If council […]
As yesterday's City Council proceedings were crawling towards a close, Justice Ian Nordheimer of the Ontario Superior Court ordered that certain previously redacted sections of the now infamous Project Brazen 2 ITO be unsealed. (Note: the entire ITO, which is a document filed to obtain a search warrant, with yesterday's unsealed information, can be viewed here […]