In the case of R v Khill, 2020 ONCA 151 [Khill], Mr. Khill was initially found not guilty of second-degree murder in 2018 for fatally shooting Mr. Styres, an Indigenous man, in 2016. However, the Crown appealed the verdict, and the Court of Appeal overturned the decision on the basis that the trial judge failed […]
In the last three decades, Indigenous nations have increasingly chosen to address systemic injustices facing their communities through litigation. However, as many Aboriginal law cases are complex and novel in nature, Indigenous nations had to bear the associated legal fees as the cases moved through Canadian courts. Anderson v Alberta (Attorney General), 2020 ABCA 238 […]
Note: February is Black History Month and as a Black contributor for TheCourt.ca, I value the opportunity to explore jurisprudence that deals with an issue of Black identity in Canada So often, conversations about race and justice occur within the context of criminal law. However, the systemic nature of anti-Black racism and the discrimination that […]
On February 11, 2021, the Ontario Court of Appeal (“ONCA”) will hear the Crown’s appeal to Justice Shaun Nakatsuru’s decision in R v Morris, 2018 ONSC 5186 [Morris]. In his decision, Justice Nakatsuru used pre-sentencing reports on anti-Black racism and the social history of the defendant to account for the factor of systemic racism in […]
In Ontario, one invalid termination clause in an employment contract will now render all of the contract’s termination provisions void.
On November 12, 2020, H.M.B. Holdings Limited v. Antigua and Barbuda, 2020 ONCA 12 [HMB Holding] was granted leave by the Supreme Court of Canada ("SCC"). The Judicial Committee of the Privy Council decided in 2014 that Antigua and Barbuda ("Antigua") owed H.M.B Holdings Limited's ("HMB") compensation for expropriating its Antiguan property ("Privy Council Judgement") […]