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Supreme Court of Canada

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Monday, September 24, 2018 @ 3:17 PM

SCC asked to stay ruling that guts military justice system; military warns sexual assault prosecutions in jeopardy Bruce MacGregor

The Canadian Armed Forces (CAF) is asking the Supreme Court of Canada for an immediate stay of a recent bombshell Charter decision that guts the military justice system, and which prosecutors contend jeopardizes dozens of serious criminal prosecutions, including for sexual assault, The Lawyer’s Daily has learned. ... [read more]

Monday, September 17, 2018 @ 9:03 AM

It's up to Indigenous, environmental groups to protect public interest | Pamela Palmater

Despite objections from some of the Indigenous groups about the consultation process, the Federal Court of Appeal (in Tsleil-Waututh Nation et al v. Canada (Attorney General) 2018 FCA 153) held that Canada acted in good faith and that the consultation framework it used was appropriate. ... [read more]

Friday, September 14, 2018 @ 1:35 PM

INTERNET - Internet service providers - Disclosure of subscriber information

Appeal by Rogers Communications Inc. (Rogers) from a judgment of the Federal Court of Appeal setting aside the order issued against Voltage Pictures LLC (Voltage) to reimburse the cost of compliance with a Norwich order and legal cost incurred. ... [read more]

Friday, September 14, 2018 @ 12:08 PM - Last Updated: Friday, September 14, 2018 @ 3:38 PM

ISPs entitled to ‘reasonable costs’ incurred to comply with third party disclosure orders in illegal downloading case, SCC rules Russell Brown

In a novel interpretation of the 2015 “notice and notice” provisions of the Copyright Act, the Supreme Court has ruled that Rogers Communications Inc. and other ISPs are entitled to be reimbursed for their “reasonable costs” in supplying the names and addresses of alleged illegal downloaders to copyright holders pursuant to Norwich third party disclosure orders. ... [read more]

Wednesday, September 05, 2018 @ 9:27 AM

SCC fall session features landmark cases on standard of review and sexual assault Steven Mason

Judicial review, class actions and sexual assault cases dominate the Supreme Court of Canada’s fall session. From Oct. 10 to Dec. 14, the nine judges will hear 26 appeals (only 10 are criminal) on an eclectic docket that also features cases on bankruptcy, bail review, civil procedure, freedom of the press, labour law, search and seizure and tax. ... [read more]

Thursday, August 30, 2018 @ 9:35 AM

SCC slated to examine whether Jordan’s time limits apply in provincial youth court Graham Johnson

An Edmonton youth whose s. 11(b) Charter claim of undue trial delay was rejected by the Alberta courts is appealing his convictions to the Supreme Court of Canada, his lawyer says. On Aug. 28, Alberta Court of Appeal Justices Thomas Wakeling and Brian O’Ferrall dismissed K.J.M.’s appeal from convictions in Alberta provincial court for aggravated assault and possession of a dangerous weapon. Justice Barbara Lea Veldhuis dissented, and would have stayed the charges for violating the appellant’s s. 11(b) Charter right to be tried within a reasonable time: R. v. KJM 2018 ABCA 278. ... [read more]

Tuesday, August 21, 2018 @ 9:00 AM

SCC’s TWU decision not the last word on religious accommodation | Barry Bussey

After a gruelling period of legal wrangling, Trinity Western University (TWU) has decided to remove the mandatory requirement that students sign its Community Covenant. Until last Thursday, TWU required all campus personnel (students, faculty and staff) to abide by a religious code, including the stipulation that sexual intimacy be reserved for heterosexual marriage. This was deemed discriminatory by the law societies in B.C, Nova Scotia and Ontario who refused accreditation of TWU’s proposed law school, leading to four years of litigation I will label this “TWU 2” (with the 2001 education degree case being “TWU 1”). ... [read more]

Friday, August 17, 2018 @ 9:37 AM

Lawyers foresee bumpy road ahead if TWU renews its bid for law school accreditation Barry Bussey

Lawyers foresee a bumpy road ahead if Trinity Western University (TWU) renews its failed bid to create Canada’s first religious law school. The Langley, B.C.-based evangelical Christian private university announced Aug. 14 that starting in the 2018-2019 school year student adherence to its religious-based code of ethics (“community covenant”) will be optional (but not for professors or other staff) — not mandatory as before. ... [read more]

Wednesday, August 15, 2018 @ 9:32 AM

Supreme Court of Canada Chief Justice Wagner picks francophone litigator as new principal advisor Renee Theriault

The Supreme Court of Canada has announced a key personnel change as it prepares for a busy fall session. On Aug. 14, the top court revealed that Vancouver civil litigator Gib van Ert, the executive legal officer (ELO) to the Chief Justice of Canada for the past three years, has been succeeded in that key role by Renée Thériault — the first francophone female ELO and only the third woman to take on the influential behind-the-scenes job as principal advisor to Canada’s top judge. ... [read more]

Friday, July 20, 2018 @ 1:56 PM

SCC reiterates that ‘innocence at stake’ remains sole exception to informer privilege Justice Rosalie Abella

The Supreme Court has reiterated 9-0 that informer privilege can only be pierced in criminal cases when an accused convinces a court via a “McClure” application that his or her innocence is at stake. On July 20, the top court declined the invitation of intervener defence bar groups and legal regulators across the country to dilute the near-absolute common law protection accorded to informer privilege — which can be pierced only when an accused’s innocence is shown to be at stake: R. v. Brassington 2018 SCC 37. ... [read more]