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Friday, March 01, 2019 @ 9:03 AM

Federal Appeal Court ‘misunderstood the purpose’ of parliamentary privilege in expenses case: lawyer

The Federal Court of Appeal has ruled the proceedings of an internal body of the House of Commons is protected by parliamentary privilege in a case involving the expenses of a number of members of Parliament, a decision the MPs’ lawyer is pledging to bring to the Supreme Court to get a final answer on what he calls a fundamental issue of constitutional law. ... [read more]

Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Thursday, January 10, 2019 @ 1:04 PM

Cases that will make a difference | Sam Goldstein

Here are my three most important legal cases that I think we will be seeing the political and legal ramifications from for years ahead. ... [read more]

Tuesday, December 11, 2018 @ 12:36 PM

First Nations hope new accord with B.C., Ottawa may ‘turn the page’ on denial of rights Merle Alexander, Miller Titerle & Co.

The federal and B.C. governments have signed a new agreement with First Nations representatives in the province aimed at changing treaty negotiations, but an Indigenous rights lawyer says a lot remains to be seen if the language of respecting rights will bear fruit. ... [read more]

Friday, November 09, 2018 @ 10:13 AM - Last Updated: Friday, November 09, 2018 @ 3:04 PM

Top court rules constitutional path is clear for proposed pan-Canadian securities regulation Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 9-0 that the Constitution authorizes pan-Canadian securities regulation by a single national securities regulator, as per the national “Cooperative System” for the regulation of capital markets proposed by Ottawa and five provinces and one territory. ... [read more]

Tuesday, October 30, 2018 @ 9:05 AM

SCC’s Gladue guidance used in Nunavut judge’s quashing of mandatory minimum Lana_Walker_sm

Unjust punishment and Indigenous principles of rehabilitation and reconciliation led a Nunavut judge to strike down a mandatory minimum sentence that would have meant faraway jail time for a Kimmirut man guilty of firearms offences, lawyers say. ... [read more]

Wednesday, October 24, 2018 @ 12:01 PM

Manitoba wrong to ban all cannabis from courthouses: lawyer Abby_Deshman_sm

Manitoba is being discriminatory in its “blanket” ban of all cannabis in its courthouses, says a lawyer with the Canadian Civil Liberties Association (CCLA). Abby Deshman, director of the CCLA’s criminal justice program, takes particular issue with the part of Manitoba’s court policy that bans medical marijuana along with the recreational kind, which was legalized nationally on Oct. 17. ... [read more]

Tuesday, October 23, 2018 @ 1:14 PM

Judge erred in dismissing Indigenous man’s constitutional claim on child support: Ontario Court of Appeal Nicholas Bala, Queen's University Faculty of Law

An Indigenous man arguing his child support case should be determined by the traditional legal structures of his people will get another chance to argue his case before a judge after the Ontario Court of Appeal unanimously ruled a lower court erred by dismissing his claim before giving him more time to develop his arguments and by saying he lacked standing to make them. ... [read more]

Monday, October 22, 2018 @ 9:26 AM

McGill study of young, high drivers doesn’t address problems with roadside cannabis limits, lawyers say Michael_Engel_sm

Defence lawyers are questioning the merits of a recent study finding “significant impairment” among young drivers after inhaling marijuana, saying it fails to address issues with the “per se” legal limits. This is how some are reacting to a study out of Montreal’s McGill University, which found young drivers to be at a higher risk of auto collision up to five hours after being given a 100 mg dose of cannabis through a vaporizer. ... [read more]

Thursday, October 18, 2018 @ 9:30 AM

Family sponsorship income requirement does not violate Charter: Federal Court of Appeal Avvy Go, Metro Toronto Chinese & Southeast Asian Legal Clinic

The Federal Court of Appeal has ruled against a woman who claimed the federal minimum income requirements for sponsoring family members to come to Canada were a violation of her rights under the Charter, saying she was unable to prove the provisions had an adverse impact on her. ... [read more]