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The Friday Brief

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

Friday, October 11, 2019 @ 3:54 PM | By Matthew Grace


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

SCC endorses new restrictive view of Charter right ‘to the lesser punishment’
The Supreme Court of Canada has split 4-3 to endorse a narrower interpretation of an offender’s s. 11(i) Charter right to be sentenced to “the lesser punishment” in cases where penalties change between the offence and sentencing — an approach that will lead to harsher sentences for some who have committed historic crimes.

SCC’s fall session in Ottawa kicks off with cases on employment law, scope of criminal law power
The Supreme Court of Canada resumes its busy fall session Oct. 8 with a far-reaching employment law appeal, followed by a unique case in which the Attorney General of Canada is attacking the constitutionality of a law duly authorized by Parliament.

Canada’s courts inconsistent with new jury rules, lawyer says
A recent decision around process in a New Brunswick murder case shows how Canada’s courts are divided over new rules for jury selection and applying them inconsistently as a result, says a lawyer involved.

Ruling in labour case ‘go-to decision’ on federal-provincial jurisdiction issue, law prof says
The Federal Court of Appeal has ruled a Quebec-based company is subject to federal labour law after the court determined the bulk of its work was in telecommunications despite its describing itself as a construction company, and a legal expert is saying the decision will be seminal in determining what companies will fall under federal jurisdiction in labour relations.

Why legal aid matters in this federal election
In her column, Patricia Hebert writes: “Take a look at the people in your neighbourhood, where you live or work — the people that you meet when you’re walking down the street, as the Sesame Street song says. Some, you can’t help but notice, are already in trouble — people asking for money, or sleeping on the street. But others who might look like they have it all under control could be one legal issue away from personal disaster.”

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