The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Saskatchewan Court of Appeal (“SKCA”) on a decades-long Métis land claim proceeding through a judicial review application in the case of Métis Nation – Saskatchewan v Saskatchewan (Environment), 2023 SKCA 35 [MNS].
The Supreme Court of Canada (“SCC”) granted leave to appeal Pepa v Canada (Citizenship and Immigration), 2023 FCA 102 (“Pepa FCA”), a pithy (16 paragraph) dismissal of a certified question for appeal from the Federal Court of Canada (“FC”) under the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). The appeal material raises […]
The Federal Court of Appeal (the “FCA”) resolved an “unusual question” about the Federal Court’s jurisdiction to raise a substantive question not raised by the parties in the context of an urgent motion for judicial review. In Canada (Public Safety and Emergency Preparedness) v Ewen, 2023 FCA 225 [Ewen], the FCA considered the unprompted decision […]
The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Court of Appeal for Saskatchewan (“SKCA”) on inmate discipline regimes in the case of John Howard Society of Saskatchewan v The Government of Saskatchewan (The Attorney General for Saskatchewan), 2022 SKCA 144 [JHS].
To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 ("CCR"), see the first installment of this post here. In this follow-up article, I discuss my main takeaways from the Court's decision in CCR. As I agree with Kasirer J.'s well reasoned decision, I focus my […]
In Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 [CCR], the Supreme Court of Canada (the “Court” or “SCC”) unanimously confirmed the designation of the United States (“U.S.”) as a "safe third country" and appropriate partner with which Canada can share responsibility for considering refugee claims. The Court also took time […]
At issue in Mason v Canada (Citizenship and Immigration), 2023 SCC 21 [Mason] was whether “acts of violence” in s. 34(1)(e) of the Immigration Refugee and Protection Act, SC 2001, c 27 [IRPA] requires a nexus to national security, or relates only to violence broadly, in order to find a permanent resident or foreign national […]
On February 2, 2023, the Supreme Court of Canada (“SCC”) granted leave to appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Christmas, 2020 CM 3009 [Christmas]. In this case, the CMAC considers whether a military officer’s s. 11(d) Charter right “to be presumed innocent until proven guilty […]
In Elementary Teachers Federation of Ontario v York Region District School Board, 2022 ONCA 476 [Elementary Teachers], the Ontario Court of Appeal (“ONCA”) explored whether employees had a right to be protected against unreasonable search and seizure in the workplace under section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Determining that employees have section 8 Charter rights, the ONCA also ruled on the scope of employees’ reasonable expectation of privacy, setting out important developments on this issue in the process. On March 16, 2023, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal in this case.
The Supreme Court of Canada (“SCC”) will soon comment on the jurisdictional contours of the Tax Court of Canada (“TCC”) and Federal Court of Canada (“FCC”). The SCC has granted leave to appeal in Canada v Dow Chemical Canada ULC, 2022 FCA 70 [Dow Chemical Canada], where the Federal Court of Appeal (“FCA”) ruled that s. 247(10) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] is not within the exclusive jurisdiction of the TCC (Dow Chemical Canada, para 5).