When a contract was signed almost 100 years ago and the original parties have been amalgamated into or become new entities, who are the parties to that contract, and can they act on it? In a nutshell, this is what was at issue in Resolute FP Canada Inc v Hydro-Québec, 2020 SCC 43 [Resolute v […]
As state actors, police officers “must respect the rights and freedoms” of the public that they serve, including when conducting criminal investigations that are in the public interest (R v Ahmad, 2020 SCC 11, para 1) [Ahmad]. As a result, police methods of investigation, while broad, are imposed with necessary constraints to ensure the public’s […]
In December, the Supreme Court of Canada (“SCC” or “The Court”) granted the Crown leave to appeal the Ontario Court of Appeal’s (“ONCA”) ruling in R v Sullivan, 2020 ONCA 333 [Sullivan]. In this jointly-heard case, the ONCA ruled that s. 33.1 of the Criminal Code, RSC, 1985 c C-46 [the Code]—which prohibits self-induced intoxication […]
Content warning: mention of slavery, torture, false confinement, murder, and rape Can Canadian courts adjudicate international human rights violations committed by Canadian companies abroad? Usually, the spectre of limited corporate liability within an asymmetrical transnational legal regime precludes this and allows such abuses to continue. However, in an unprecedented decision released in February 2020, a […]