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The Friday Brief

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

Friday, April 20, 2018 @ 2:09 PM | By Matthew Grace


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

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

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

SCC adopts new approach to determining ‘habitual residence’ in international child abduction cases under Hague Convention
The Supreme Court has adopted a new, multifactored “hybrid approach” to be used by courts to determine a child’s “habitual residence” under the Hague Convention in a 6-3 judgment which puts less emphasis on the warring parents’ intention as to where their children should live, and more on the circumstances of the wrongfully removed children at the time their return is requested, as well as on speeding up the resolution of international child abduction cases.

Case headed to Supreme Court will have impact on future voyeurism decisions, LEAF says
An Ontario Court of Appeal decision regarding a teacher caught secretly filming his female students with a camera-pen has inspired the Women’s Legal Education and Action Fund (LEAF) to act as an intervener as the case heads to the Supreme Court of Canada.

Putting a price on the harm from sexual assault and harassment
In her column, Nicole Simes writes: “While damages remain low for most cases, the HRTO recently released two significant decisions that reflect a willingness to award higher general damages. Both decisions involve sexual assault and harassment against women in vulnerable circumstances.”

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