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Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Friday, January 17, 2020 @ 11:15 AM

B.C. Appeal Court sides with teen in hormone treatment dispute with father

A transgender teenager has emerged victorious in B.C.’s Appeal Court after his father attempted to prevent him from receiving hormone treatments as a part of his transition from a female to male body, but the court added the father’s behaviour did not rise to the level of family violence, as a lower court had said. ... [read more]

Thursday, January 16, 2020 @ 12:13 PM

Manitoba Justice ‘reviewing’ judges’ criticism of northern bail system Cliff_Cullen_sm

Manitoba’s Justice minister will “carefully consider” a call now being made by two judges that an independent review take place into deficiencies and delays plaguing the bail system in the province’s remote north. Comment from Justice Minister Cliff Cullen comes after a second judge in Manitoba’s northern court system used his recent decision in a criminal case to echo a previous recommendation for an outside look into what he called “worrisome shortcomings” that are hindering an “overburdened” system.  ... [read more]

Thursday, January 16, 2020 @ 9:43 AM

Indigenous ceremonies at B.C. school did not interfere with family’s religious beliefs, judge rules

A B.C. Supreme Court justice has ruled a smudging ceremony and a dance held at a public elementary school were an admirable effort to teach children about Indigenous beliefs and did not violate the Charter’s protections on freedom of religion. ... [read more]

Monday, January 13, 2020 @ 9:39 AM

Alberta Appeal Court ruling on campus free speech hailed as precedential Jay Cameron, Justice Centre for Constitutional Freedoms

In a ruling that is being called the first of its kind in Canada, a unanimous panel of the Alberta Court of Appeal has ruled the Charter of Rights and Freedoms applies when considering students’ free expression at universities in the province. ... [read more]

Tuesday, January 07, 2020 @ 1:19 PM

Law doesn’t recognize any right to blockade, says judge in pipeline dispute

A B.C. Supreme Court judge has issued an injunction against members of a First Nation who have erected barriers to prevent the construction of a contentious natural gas pipeline and argue it does not have consent under the terms of their traditional, hereditary laws. ... [read more]

Thursday, December 19, 2019 @ 11:17 AM

Big week for tax and the Constitution | James Alvarez

Canadian tax law has few day-to-day interactions with the Constitution. Most tax matters do not engage prescribed rights and while taxpayers occasionally attempt to overturn rules, the courts rarely intervene. However, the Federal Court and Supreme Court released two very different decisions this week at the intersection of tax and constitutional law. ... [read more]

Tuesday, December 17, 2019 @ 11:30 AM

Ontario teachers unions launch Charter challenge amid ongoing contract talks Susan Ursel

Amid negotiations for the renewal of collective agreements in Ontario’s education sector, the province’s four unions representing teachers and support staff joined forces on Dec. 12 to launch a Charter challenge against the Ontario government’s newly passed legislation they claim violates their rights to unrestricted collective bargaining. ... [read more]

Friday, December 13, 2019 @ 12:36 PM - Last Updated: Friday, December 13, 2019 @ 1:29 PM

SCC upholds lower court decision on Crown corporation’s immunity from federal tax Andromache KARAKATSANIS sm

The Supreme Court of Canada (SCC) has ruled in a 6-1 decision released Dec. 13, that the British Columbia Investment Management Corporation (BCI or bcIMC), a Crown corporation that manages and invests pensions and other money for several public-sector organizations, is immune from federal tax under the Excise Tax Act (ETA). However, it held that BCI is still bound by provisions in the Reciprocal Taxation Agreement (RTA) and the Comprehensive Integrated Tax Coordination Agreement (CITCA). ... [read more]

Wednesday, December 11, 2019 @ 2:37 PM

Police need warrant to install hidden cameras in condos, apartments, court rules James Lockyer

Condominium boards or property management cannot consent to “surreptitious video surveillance” of residents conducted by police without a warrant, the Ontario Court of Appeal said in a ruling that sets out the privacy expectations of residents of condo and apartment buildings. ... [read more]