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Thursday, October 11, 2018 @ 10:29 AM - Last Updated: Friday, October 12, 2018 @ 10:23 AM

SCC rules 7-2 there is no Crown duty to consult with First Nations when developing and enacting laws Andromache-KARAKATSANIS

The Supreme Court has determined 7-2 that the Crown’s constitutional duty to consult with Indigenous peoples does not apply when legislators are making laws. ... [read more]

Thursday, October 11, 2018 @ 7:28 AM

Pressure mounting on judicial council to end Smith inquiry as Sinclair, local bar insist judge did nothing wrong Murray Sinclair

Sen. Murray Sinclair is the latest jurist to join the growing public campaign that is calling for an end to the Canadian Judicial Council’s (CJC) review of Ontario Superior Court Justice Patrick Smith’s decision to temporarily assume the academic deanship of Lakehead University’s new faculty of law. ... [read more]

Wednesday, October 10, 2018 @ 11:58 AM

Quebec Court of Appeal rules woman wearing hijab was entitled to be heard in court

A day after Quebec premier-elect François Legault suggested he would be ready to invoke the Constitution’s notwithstanding clause to override the Charter of Rights and Freedoms to ban religious symbols for civil servants, the Quebec Court of Appeal ruled that a provincial court judge erred when she denied a hearing to a woman wearing a hijab. ... [read more]

Wednesday, October 10, 2018 @ 9:27 AM

Indigenous community courts key to stemming over incarceration, says EagleWoman Angelique EagleWoman sm

Over incarceration of Indigenous peoples and the parallel child welfare crisis are major justice concerns across Canada, but Angelique EagleWoman, a visiting professor at the Mitchell Hamline School of Law in Minnesota, believes these issues can be stemmed through the establishment of Indigenous community courts. ... [read more]

Tuesday, October 09, 2018 @ 10:45 AM

CRTC overstepped mandate in bringing in code to govern contracts: Federal Court of Appeal Graham Honsa, Wilson Lue LLP

The Federal Court of Appeal has ruled against the Canadian Radio-Television and Telecommunications Commission (CRTC) in its attempts to regulate contracts between content producers and broadcasters, saying the commission overstepped its bounds under the Broadcasting Act. ... [read more]

Tuesday, October 09, 2018 @ 9:45 AM

New corporate legislation to bring P.E.I. up to speed with other provinces

Enhanced protection for shareholders, greater clarity around directors’ obligations and the “right to incorporate” are all items lawyers for Prince Edward Island’s for-profit corporations should discuss with their clients in the run-up to a revamping of business legislation, says a government solicitor. ... [read more]

Tuesday, October 09, 2018 @ 9:20 AM

Wrongful Conviction Day reception sheds light on shortcomings of criminal justice system Maria Shepherd, Win Wahrer and O'Neil Blackett Wrongful Conviction Day sm

A T-shirt boldly printed with the word “INNOCENT” was held high to a rousing round of applause by O’Neil Blackett, Innocence Canada’s most recently exonerated client, at the start of the Fifth International Wrongful Conviction Day reception. ... [read more]

Friday, October 05, 2018 @ 11:58 AM - Last Updated: Friday, October 05, 2018 @ 4:25 PM

SCC rules 7-2 that parliamentary privilege does not pre-empt grievances from workers fired by Quebec’s legislature Justice Andromache Karakatsanis

In a far-reaching clarification of the scope of the parliamentary privilege of legislatures across Canada, the Supreme Court has ruled 7-2 that the speaker of Quebec’s National Assembly cannot rely on such privilege to immunize from review by a labour tribunal his decision to fire three security guards for on-the-job misconduct. ... [read more]

Friday, October 05, 2018 @ 11:15 AM

Short-term rental of cottage not commercial, not prohibited, P.E.I court finds Jonathan_Coady_sm

Neighbourhood associations wanting to stop homeowners from using their residences as short-term rentals “must use clear and unequivocal language” in outlawing it, says the lawyer of a Maritimer given a court’s OK to keep renting his waterfront cottage online. ... [read more]

Friday, October 05, 2018 @ 10:37 AM

B.C. passes legislation to move opioid lawsuit forward Maneesha Deckha, University of Victoria Faculty of Law

The B.C. government has taken additional steps in its lawsuit against opioid manufacturers by introducing legislation that will help facilitate the action in the courts. The provincial legislature passed the Opioid Damages and Health Care Costs Recovery Act on Oct. 3. ... [read more]