The COVID-19 pandemic has shocked the country in its revelation of the systemic frailties plaguing Canada’s long-term care (“LTC”) system. Individuals over the age of 70 have made up almost 90% of the country’s deaths from COVID-19, and in the first wave of the pandemic, deaths in Canadian LTC facilities accounted for 80% of the […]
In Desjardins Financial Services Firm Inc v Asselin, 2020 SCC 30 [“Desjardins”], the Supreme Court of Canada (“SCC”) engaged in a debate about how to properly assess the law of class actions in Quebec. While the words “respectfully disagree” were used by the majority and the dissent, the decision exhibits strong differences of opinion as […]
In recent years, mandatory minimum sentencing legislation for people convicted of criminal offences has often been ruled unconstitutional as cruel and unusual punishment contrary to Section 12 of the Canadian Charter of Rights and Freedoms [Charter] (R v Nur, 2015 SCC 15; R v Loyd, 2016 SCC 13; R v Boudreault, 2018 SCC 58). However, […]