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The Friday Brief

The Friday Brief: Managing Editor’s must-read items from this week

Friday, May 11, 2018 @ 3:08 PM | By Matthew Grace


Matthew Grace %>
Matthew Grace
Here are my picks for the top stories we published this week.

SCC announces it is revisiting Dunsmuir; unusual move is ‘catnip for law nerds’
In a highly unusual move, the Supreme Court of Canada has served notice that it plans to revisit its landmark Dunsmuir judgment on standard of review.

Senators push for plan to deal with fallout when Canada legalizes cannabis and breaks international law
A Senate committee has asked the Trudeau government to come up with a plan to deal with the political and legal fallout when Canada legalizes recreational cannabis later this year, and thereby flouts its treaty obligations and international law.

N.B. new Chief Justice, other judges and staff stay calm and carry on as rising flood waters infiltrate court house
Dealing with a natural disaster is not normally on a new chief justice’s to-do list, but Chief Justice of New Brunswick Marc Richard is rising to the occasion — as are the province’s judges and court staff.

Study suggests ‘revenge porn’ law being interpreted too narrowly in court
A new study published in a women’s law journal says Canada’s protections against “revenge pornography,” where a person shares intimate images of a sexual partner without their consent, overemphasizes the victim’s privacy expectations and has resulted in judges conceiving of the crime as primarily a violation of privacy rather than as a crime of sexualized gender-based violence.

SCC strikes down a pay equity law for first time but judges splinter over s. 15 equality rights
A pair of pay equity cases from Quebec have exposed fault lines at the Supreme Court of Canada in respect of the Charter’s s. 15(1) prohibition of sex discrimination and s. 15(2) protection of programs which ameliorate discrimination.

Why Supreme Court decision threatens Crime Stoppers program
In her analysis article, Laurelly Dale writes: “The survival of Crime Stoppers is threatened by XY. Our highest court left many areas open to debate.”

Matthew Grace is the Managing Editor of The Lawyer’s Daily.