Freedom of Expression
Binding or Not? The SCC to Comment on Horizontal Stare Decisis in Appeal of R v Coban
The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].
Does the Code of Civil Procedure Really Override the Charter?: The SCC’s Reasons in MediaQMI v Kamel
The open court principle has long been a protected right under s. 2(b) of the Canadian Charter of Rights and Freedoms [Charter]. In 1989, the Supreme Court of Canada (“SCC” or “the Court”) confirmed that “the courts must be open to public scrutiny and to public criticism of their operation by the public” (Edmonton Journal […]
A Duty to Tolerate? SCC on Free Expression in Ward v Quebec
No person has the right not to be offended. Every person, however, has the right to the safeguard of their dignity—at least in Quebec. How this right balances against another’s right to free expression was at issue in Ward v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2021 SCC […]
SCC Narrowly Rules Mid-Election Changes to Toronto City Council were Charter-Compliant
Three months into the 2018 Toronto City Council election, a newly elected provincial government passed the Better Local Government Act, 2018, SO 2018, c 11 [Act], slashing the number of municipal wards from 47 to 25. “For the remaining campaign period,” writes Justice Abella, dissenting in Toronto (City) v Ontario (Attorney General), 2021 SCC 34 […]
Sherman Estates v Donovan : Privacy Interests and the Presumption of Open Courts
In 2017, the bodies of billionaires Bernard Sherman and Honey Sherman were discovered in their home in Toronto, Ontario. Not only was the couple highly acclaimed for their philanthropism, but Barry was known for his pharmaceutical pursuits as the founder and CEO of Canadian generic drug company Apotex. Police deemed the deaths of Barry and […]
Publication bans should be put to the test in CBC v the Queen
Canadian Broadcasting Corporation v Her Majesty the Queen, et al. 38992 [CBC v the Queen] considers whether evidence not admitted as part of the record prima facie can be subject to a publication ban.This challenge resulted from the Manitoba Court of Appeal’s (“MBCA”) decision to implement a publication ban over a set of fresh evidence that […]
Strom v SRNA: Nurse's Personal Social Media Posts Do Not Constitute Professional Misconduct
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 […]
1704604 Ontario Ltd. v Pointes Protection Association: SCC Has its Say on Anti-SLAPP Legislation
The Supreme Court of Canada (“SCC” or “the Court”) in early September released its much-anticipated decisions in 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes] and Bent v Platnick, 2020 SCC 23 [Bent]. In Pointes and Bent, the Court was tasked with interpreting s. 137.1 of the Ontario Courts of Justice Act, […]