Home » 2014 » October (Page 3)

Upcoming Symposium: Understanding and Taming Public and Private Corruption in the 21st Century

From ex-New Orleans Mayor Ray Nagin being found guilty of corruption in the wake of Hurricane Katrina, to a report finding that the owners of Bangladesh’s Rana Plaza were responsible for a building collapse, to Canadian Senators wrongfully claiming various travel expenses and expenditures, the problems of public and private corruption are a reality in […]

The Supreme Court Upholds Security Certificate Regime: Canada v Harkat

Canada has used the process of issuing a "certificate of inadmissibility," also known as a "security certificate," to detain and remove foreign nationals suspected of being involved with terrorist activity. That process is legislated under the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], which has been the subject of several Charter challenges […]

Cabinet and the Standard of Review Analysis: Canadian National Railway Co v Canada

Since the passage of the Railway Act, 1868, the Governor in Council ("Cabinet") has played an important administrative role in areas of the economy regulated by federal legislation. Currently, Cabinet functions as an appeal body with authority to vary or rescind decisions made by administrative tribunals established under a cluster of statutes including the Telecommunications […]

Access to Justice and the Rule of Law Principle: Trial Lawyers Association v British Columbia

In its ruling in Trial Lawyers Association of British Columbia v British Columbia (Attorney General), [2014] 3 SCR 31, the Supreme Court of Canada found that court hearing fees imposed by regulation in British Columbia were unconstitutional because they interfered with access to the constitutionally protected core jurisdiction of the provincial superior courts and the rule of law […]

Safeguarding Online Anonymity: R v Spencer Revisited

Last month, TheCourt.ca senior contributing editor Jordan Casey analyzed R v Spencer, 2014 SCC 43, a case that clarifies the Supreme Court of Canada’s ("SCC") position on what constitutes a reasonable expectation of privacy in the digital age. This post further explores one of the themes touched on by Jordan – the nature and significance of […]