The newest member in the illustrious “class of section seven” Charter jurisprudence is R v Appulonappa, 2015 SCC 59 [Appulonappa], a recent Supreme Court of Canada (“SCC”) ruling on the constitutionality of a federal human smuggling offence. The decision is not only noteworthy for its political significance (stemming from a refugee controversy taking place several […]
Introduction The effects of globalization are deep and far reaching – not least with respect to the Canadian legal framework. As cross-border litigation involving multinational corporations becomes increasingly prevalent, courts are forced to grapple with the challenges of reconciling the domestic and international aspects of these disputes. In Chevron Corp v Yaiguaje, 2015 SCC 42 […]
Omar Khadr’s journey through this country’s various courts will continue in May when the Supreme Court of Canada (“SCC”) holds a hearing for the appeal of Khadr v Edmonton Institution, 2014 ABCA 225. Unlike earlier legal proceedings involving Khadr, this appeal is relatively less complex. The issue essentially boils down to whether Khadr should have […]
In Amaratunga v Northwest Atlantic Fisheries Organization, 2013 SCC 66, Justice LeBel, writing for a unanimous court, determined that an employee’s claim for wrongful dismissal against the Northwest Atlantic Fisheries Organization (NAFO) could not succeed due to the jurisdictional immunity that the international organization was entitled to as a result of an immunity order it […]
On July 31, 2014, the Federal Court of Appeal ("FCA") released its judgment in X(Re), 2014 FCA 249, largely upholding a Federal Court finding that limited the scope of powers that may be exercised by the Canadian Security Intelligence Service ("CSIS") while carrying out surveillance of Canadians abroad. The matter arose after the Federal Court became aware that CSIS […]
In what has been dubbed “the 7UP case,” a majority of the Supreme Court of Canada ("SCC") has ruled in Thibodeau v Air Canada, 2014 SCC 67, that Michel and Lynda Thibodeau are not entitled to a damage award that would have required Air Canada to take steps to ensure compliance with the Official Languages […]
In Kazemi Estate v Islamic Republic of Iran, 2014 SCC 62, the Supreme Court of Canada ("SCC") looks at whether Canadians have the right to sue foreign governments for damages resulting from acts of torture. The SCC ultimately denied the victims’ claim for a civil action, finding that acts of torture are not exceptions to the general […]
From ex-New Orleans Mayor Ray Nagin being found guilty of corruption in the wake of Hurricane Katrina, to a report finding that the owners of Bangladesh’s Rana Plaza were responsible for a building collapse, to Canadian Senators wrongfully claiming various travel expenses and expenditures, the problems of public and private corruption are a reality in […]
Boehner Weighs in on Birthers Three years after being elected President, rumours that Barack Obama was not born in the United States are still floating about. That seems to be the state of things after House Speaker, Republican John Boehner’s comments over the weekend on NBC’s “Meet the Press” that, although he believes Obama was […]
This Valentine’s Day signifies another year of recovery from the Global Financial Crisis (“GFC”) in markets around the world. Although there are some promising economic signs, part of the recovery is much less romantic and more about pointing fingers. There has been a wave of white-collar crime cases directed at those alleged to have acted […]