The American National Security Agency’s (NSA) bulk metadata collection program has been the subject of considerable scrutiny ever since The Guardian revealed the program’s existence last summer as part of its reporting on leaks from former NSA contractor Edward Snowden. Perhaps the most salient legal issue regarding the metadata program is whether it violates the […]
In a particularly lengthy decision, the Ontario Court of Appeal ("ONCA") dismissed the appeal of a conviction for first degree murder in R v White, 2014 ONCA 64 [White]. The appellant and two co-accused were convicted in 2009 for the tragic 2007 stabbing death of Brampton youth, Akila Badhanage. On appeal, the appellant White raised three […]
In R v Vu, [2013] 3 SCR 657 [Vu], a landmark decision regarding section 8 of the Canadian Charter of Rights and Freedoms [Charter], the Supreme Court of Canada unanimously ruled that specific prior authorization is needed to search individuals’ computers and similar devices.
In Vivendi Canada Inc v Dell’Aniello, [2014] 1 SCR 3 [Vivendi], the Supreme Court of Canada delineated the scope of the commonality requirement in class action authorization under Article 1003 of Quebec's Code of Civil Procedure, RSQ, c C-25 [CPP]. The judgment clarified that: (1) the “commonality of issues” requirement under the CPP is satisfied by even one […]
In 2012 Justice Anne Molloy of the Ontario Superior Court of Justice ruled that the law mandating three-year mandatory minimum sentences for possession of a loaded, prohibited firearm was unconstitutional. Instead, the respondent, who had been convicted of possession of a loaded, prohibited firearm contrary to section 95 of the Criminal Code, RSC 1985, c […]
Part II of this two part article concerns damages and the use of expert testimony, alongside the implications arising from the case as a whole. Part I describes the factual background and trial history of the case, also delving into the ruling of the Court with regard to substantial infringement. SCC Analysis (Continued) Expert Testimony […]
There are many unsettled aspects of Canadian copyright law, ranging from Parliament's intended scope of fair dealing principles to the proper evaluation of substantial infringement. The case of Cinar Corporation v Robinson, [2013] 3 SCR 1168 [Cinar Corp] constitutes the Supreme Court of Canada's ("SCC") most recent iteration on the latter. While the case reinforces a general […]