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The Friday Brief

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

Friday, June 15, 2018 @ 2:36 PM | By Matthew Grace


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

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school
In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession.

Top military judge to face court martial after independent prosecutor prefers eight charges
The top judge of the Canadian military will face a court martial — presided over by a fellow military judge and with additional new charges including fraud under $5,000 — in an unprecedented case that opens a legal can of worms.

SCC rules prison service must take all reasonable steps to ensure parole tools valid for Indigenous offenders
The Supreme Court of Canada has declared 7-2 that the Correctional Service of Canada (CSC) is breaching its statutory obligations by using psychological tools to assess Indigenous offenders’ suitability for parole — without first taking all reasonable steps to ensure that those tools are valid — and not culturally biased — vis-a-vis Indigenous inmates.

Senate dumps random breath testing, sets stage for showdown with Commons
In a dramatic tie vote, the Senate has removed mandatory alcohol screening (MAS) from the Trudeau government’s impaired driving bill (Bill C-46) — a controversial move pushed for by many lawyers’ groups that also sets the stage for a showdown between the red chamber and the House of Commons.

SCC affirms laws are not a ‘service’ open to challenge at a federal human rights tribunal
The Supreme Court of Canada has unanimously upheld a human rights tribunal’s dismissal of complaints against the refusal to register certain people as “Indians” because their direct attack on the legislated eligibility requirements for registered Indian status does not amount to a complaint about the discriminatory provision of a “service” under s. 5 of the Canadian Human Rights Act (CHRA).

A move toward shared parenting? Not so fast
In her analysis article, Poroshad Mahdi writes: “In reality, Bill C-78 will likely do little, if anything, to answer the question of what would the best interests of the child mean in terms of the optimal parenting arrangement.”

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