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The Friday Brief

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

Friday, December 07, 2018 @ 3:27 PM | By Matthew Grace


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

SCC poised to hear ‘admin-lawlapalooza’ but scholar doubts judges can find standard of review ‘holy grail’
Lawyers watching this week’s blockbuster three-day Supreme Court hearing on standard of review should keep a sharp eye on Justices Michael Moldaver and Sheilah Martin, advises B.C. lawyer Robert Danay, who tracks the administrative law voting records of the court’s nine members.

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review
Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice.

Defence efforts to rebut presumptions in support of breathalyzer results require more than speculation, conjecture: SCC
In a judgment of note in thousands of drinking and driving cases across Canada, the Supreme Court has clarified the nature and scope of the evidence that an accused must adduce to rebut the presumptions of accuracy and identity applicable to breathalyzer test results under s. 258(1)(c) of the Criminal Code.

SCC tweaks rules for requiring journalistic materials to be produced to police in aid of criminal investigations
The Supreme Court has split 5-4 to reject journalists’ pleas to make it harder for courts to order media to produce their private journalistic material to police in aid of criminal investigations — including refusing to require that production orders must be a last resort to be used against media only when alternative sources for the information are not available.

Cryptocurrency mining in Canada: Environmental and legal issues
In his analysis article, Matthew Keen writes: “With an abundance of renewable resources, B.C. and other Canadian provinces could be on the verge of experiencing a new sort of mining rush, as digital currency miners look for crypto-friendly jurisdictions to set up operations.”

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