supreme court of canada
Appeals Watch: Judicial Independence and the Military Chain of Command – SCC grants leave in R v Brown.
Introduction On February 2, 2023, the Supreme Court of Canada (“SCC”/“Court”) granted leave for an appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Brown [2022] CMAC 2. The case concerns a seldom traversed area of appellate jurisprudence at the SCC, touching on the appropriate relationship between the […]
Justice O'Bonsawin: Carrying the Burden of Four Centuries
“No matter where we are in society, no matter how far we move up, we always have to remember where we come from.” - Michelle O’Bonsawin (The Globe and Mail, August 2022) Introduction On September 1st, 2022, Michelle O’Bonsawin was sworn into office at the Supreme Court of Canada (“SCC”). Justice O’Bonsawin was appointed by […]
Appeals Watch: Clashing Constitutional Principles — SCC grants leave in Cindy Dickson v Vuntut Gwitchin First Nation
Introduction On April 24th, 2022, the Supreme Court of Canada (“SCC”) granted an application for leave in the case of Cindy Dickson v Vuntut Gwitchin First Nation, 2021 YKCA 5 [Vuntut Gwitchin First Nation]. The case decided at the Yukon Court of Appeal (“YCA”) in July 2021 is one of a few that has […]
Orphan Well Association v Grant Thornton Ltd: Constitutional Doctrines Applied to Cleaning Up Old Oil Wells
Introduction On January 31, 2019, the Supreme Court of Canada (“SCC” or "the Court") reached a decision on bankruptcy and insolvency law and the obligations owed by oil and gas companies that have filed for bankruptcy.
Salomon v Matte-Thompson: Recommend with Care
The legal profession revolves around the giving of advice. People seek legal counsel for a wide variety of issues, including (and perhaps most often) when they are vulnerable. Consequently, lawyers have a professional and legal duty to ensure that when they offer such advice, it is honest and informed. Where it is not, people often […]