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Monday, April 23, 2018 @ 1:37 PM

SCC should face ‘unfinished business,’ clarify murky law of judicial review: litigator Adam Goldenberg

The Supreme Court’s post-Dunsmuir efforts to clarify the litigious area of judicial review are doomed unless the judges start to hash out the underlying core policy question they face — namely what is the proper role of the courts in overseeing administrative action? ... [read more]

Monday, April 23, 2018 @ 9:19 AM

Checking on child welfare does not permit warrantless police searches, Appeal Court rules Peter_Abametz_sm

A Saskatchewan appeal decision upholding exclusion of evidence “affirmed old bedrock principles” that police cannot use child protection as “carte blanche to invade people’s privacy,” said the lawyer of a mother acquitted of drug and gun charges. ... [read more]

Friday, April 20, 2018 @ 11:54 AM

Environmental, First Nations authority over Trans Mountain pipeline unclear: legal experts Eugene Kung, West Coast Environmental Law

The Trans Mountain pipeline project has inflamed passions across the country, but nowhere more than in British Columbia. The provincial government has promised to do everything in its power to stop it, but legal experts are divided over whether it has the constitutional wherewithal to do so. ... [read more]

Friday, April 20, 2018 @ 10:11 AM - Last Updated: Friday, April 20, 2018 @ 5:52 PM

Supreme Court revamps determination of child’s ‘habitual residence’ in wrongful removal/retention cases under Hague Convention Steven Bookman

The Supreme Court of Canada has revised how domestic courts determine a child’s “habitual residence” in a controversial move that some call “a step forward,” while others foresee more uncertainty, litigation and difficulty for parents abroad who are seeking the return of their children from Canada pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. ... [read more]

Friday, April 20, 2018 @ 9:25 AM

Court of Appeal ruling highlights perils of firms ‘practising in association’ Geoffrey Adair sm

The Ontario Court of Appeal recently wrestled with the issue of liability in a defamation claim that arose between two law firms. The complicating factor was that the lawyer alleged to have made the defamatory comments worked in “association” with one of the firms bringing into question the firm’s liability in the action. ... [read more]

Thursday, April 19, 2018 @ 12:37 PM

B.C. Appeal Court decision on homelessness issue ‘indictment’ of human rights process: law prof  Margot Young

The B.C. Court of Appeal has sided with the provincial Human Rights Tribunal in deciding that a program designed to “remove” homeless people from Vancouver’s downtown area was not discriminatory, a decision the plaintiff’s lawyer has vowed to take to the Supreme Court of Canada. ... [read more]

Thursday, April 19, 2018 @ 10:10 AM - Last Updated: Thursday, April 19, 2018 @ 5:06 PM

Constitution doesn’t guarantee interprovincial free trade; SCC sheds new light on vertical stare decisis, federalism Rob Cunningham

The Supreme Court has ruled that s. 121 of the Constitution Act, 1867 does not guarantee interprovincial free trade in a unanimous judgment that revives a New Brunswick liquor control law whose “incidental effect” is to restrict the transport of domestic alcohol from Quebec into New Brunswick. ... [read more]

Thursday, April 19, 2018 @ 5:33 AM

Quebec Appeal Court ruling highlights home sellers’ duty to inform buyer Jean Laflamme

A Quebec man who backed out of a promise to purchase a $1.3 million home in Gatineau won his case after the Quebec Court of Appeal held that he was entitled to renege on the agreement because the sellers failed to adequately inform the buyer and therefore vitiated his consent. ... [read more]

Wednesday, April 18, 2018 @ 12:30 PM

Police unlawfully present in operating room privacy issue in drug trial, says lawyer Daniel_Brown_sm

The recent compromising of a Toronto drug trial after it was found police were present when heroin was surgically removed from a suspect’s rectum is a reminder officers must respect the right to privacy, says a lawyer. ... [read more]

Wednesday, April 18, 2018 @ 9:32 AM

Ottawa’s planned cannabis legalization law will expose Canadians to ‘new minefield’ of criminalization: CCLA Michael Bryant

The Canadian Civil Liberties Association (CCLA) contends that the Trudeau government’s impending legalization of cannabis “lays a new minefield of criminality” for Canadians to try to pick their way through. ... [read more]