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Supreme Court of Canada

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Monday, May 16, 2022 @ 2:08 PM

Reasonable expectation of privacy at work, part two Guy being examined via magnifying glasses

In R v. Cole 2012 SCC 53, a high school teacher had access to a work-issued laptop for “incidental personal purposes” (para. 4). It was not password-protected; therefore, the content was easily accessible. During routine network maintenance, a technician located a hidden file with nude or partially nude images of an underaged female student (para. 18). ... [read more]

Friday, May 13, 2022 @ 4:49 PM

ELEMENTS OF THE OFFENCE - Mens rea - Insanity or mental disorder - Automatism

Appeal by the Crown from a decision of the Ontario Court of Appeal setting aside the conviction of Sullivan and ordering a new trial for Chan on the basis that s.33.1 of the Criminal Code violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and was not saved by s.1. ... [read more]

Friday, May 13, 2022 @ 4:49 PM

DEFENCES – Automatism - Intoxication

Appeal by Brown from a decision of the Alberta Court of Appeal that set aside his acquittals for break and enter and aggravated assault. Brown consumed alcohol and magic mushrooms, which contained psilocybin, at a house party. In a psychotic state, Brown left the party, broke into a nearby home and attacked the occupant, causing permanent injuries. ... [read more]

Thursday, May 12, 2022 @ 2:36 PM

SCC likely to consider Impact Assessment Act valid exercise of federal authority, legal expert says Allan Ingelson, University of Calgary faculty of law

Alberta’s highest court has ruled one of the Trudeau government’s key pieces of environmental legislation is unconstitutional, calling the federal impact assessment law an “existential threat” to the division of powers guaranteed by the Constitution. But Ottawa is promising to appeal that decision to the Supreme Court of Canada, and a legal expert is saying they are likely to be successful in that move. ... [read more]

Thursday, May 12, 2022 @ 11:40 AM

Reasonable expectation of privacy at work, revisiting Cole Guy being examined via magnifying glasses

This article attempts to advance the understanding of “reasonable” at work through the lens of one criminal trial: R v. Cole 2012 SCC 53. Cole is as much about socially stigmatized and criminalized conduct as it is about understanding employment law and privacy doctrinally. In that respect, context does matter. ... [read more]

Wednesday, May 11, 2022 @ 9:37 AM

Alberta court’s ruling over Impact Assessment Act could end up at Supreme Court | Richard Lindgren

In a lengthy opinion released on May 10, the Alberta Court of Appeal has ruled that Canada’s Impact Assessment Act (IAA) is unconstitutional (Reference re Impact Assessment Act, 2022 ABCA 165). ... [read more]

Tuesday, May 10, 2022 @ 2:28 PM

Product liability causes of action in 2022 Cardboard box with a question mark in it

Product liability causes of action, including in negligence, breach of express warranty and breach of implied warranty under consumer protection legislation, are staples of both individual actions and class actions. Recent decisions in this area continue to shape its evolution, as discussed below. ... [read more]

Friday, May 06, 2022 @ 2:28 PM

Ontario has many Supreme Court-worthy jurists but top-notch bilingual woman may have inside track Judges photo

More than a handful of outstanding lawyers and judges could potentially fill the Supreme Court of Canada’s impending Ontario vacancy — including racialized and Indigenous jurists — but the signals from the Liberal government suggest the preferred appointee will be a bilingual woman this time around. ... [read more]

Friday, May 06, 2022 @ 2:15 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS PROCEDURAL RIGHTS - Trial within a reasonable time - Calculation of delay

Appeal by the Crown from a decision of the Quebec Court of Appeal that confirmed a stay of proceedings against JF. In 2011, JF was charged with seven counts involving sexual offences against his daughter. His trial began in 2013 and completed in 2016. In 2017, JF was acquitted on all counts. In 2018, the Quebec Court of Appeal set aside the acquittals and ordered a new trial. ... [read more]

Friday, May 06, 2022 @ 11:38 AM

Office party please? Office party

It has been two long COVID years, and everyone is yearning for a good party … at work. Suppose they are back in the office, that is. Should the employers embrace luring everyone, willing or not, back to the office with a promise of a “thirsty” Thursday or a good old party on a Friday night? Who wants to be “alive” after 5? ... [read more]