statutory interpretation

Parliament Doesn’t Make Mistakes: Clarifying Driving Prohibitions in R v Wolfe

Appeal Watch: R v Carignan - When can an Accused Rebut the Deemed Lawfulness of a Warrantless Arrest?

SCC Clarifies Bankruptcy Discharge Provisions

The GAAR applied: Deans Knight Income Corp v Canada

R v Basque: Strange Statutory Interpretation

​​Reasonably Robust Reasonableness: Mason v Canada (Citizenship and Immigration)

SCC Refuses to Extend Random Sobriety Stop Power to Private Property: R v McColman

Driving, as a licensed activity, carries certain limitations. Perhaps most important among them is the prohibition against driving while impaired. But the law cannot reach every corner of a person’s life. At a certain point, privacy interests come into play. To be a driver in Ontario is to drive a vehicle on a “highway”—that is, […]

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].

Double Royalties or Users' Rights? The SCC Interprets the Copyright Act in SOCAN

In Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN], the Supreme Court of Canada (“SCC”) heard an appeal from the Federal Court of Appeal (“FCA”). The case turned on the interpretation of s. 2.4(1.1) of the Copyright Act, RSC 1985, c C-42 [the Act].

To Deport or Not to Deport, A Question of Reasonableness: SCC Grants Leave to Appeal to Mason v Minister of Citizenship and Immigration