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Supreme Court of Canada

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Friday, October 11, 2019 @ 2:44 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Legal rights - On being charged with an offence - To benefit of lesser punishment

Appeal from a judgment of the Quebec Court of Appeal affirming the decision sentencing Poulin to a conditional sentence of two years less a day on charges of gross indecency committed between 1979 and 1983. ... [read more]

Tuesday, October 08, 2019 @ 11:45 AM

SCC’s fall session in Ottawa kicks off with cases on employment law, scope of criminal law power Howard Levitt

The Supreme Court of Canada resumes its busy fall session Oct. 8 with a far-reaching employment law appeal, followed by a unique case in which the Attorney General of Canada is attacking the constitutionality of a law duly authorized by Parliament. ... [read more]

Friday, October 04, 2019 @ 4:49 PM - Last Updated: Monday, October 07, 2019 @ 9:51 AM

Police can’t arrest those who aren’t breaking law to prevent others’ violent actions: SCC Suzanne Côté

In a decision hailed as preserving Canadians’ civil liberties, the Supreme Court of Canada has unanimously restored a $140,000 damages award to a peaceful demonstrator who was unlawfully arrested and injured by the Ontario Provincial Police in 2009 during the occupation by Indigenous protesters of disputed Crown land in Caledonia, Ont. ... [read more]

Friday, October 04, 2019 @ 3:05 PM

ABUSE OF LEGAL PROCEDURE OR PROCESS - False arrest or imprisonment - Liability of parties

Appeal from a judgment of the Ontario Court of Appeal reversing a trial decision that grant Fleming’s action against the Province of Ontario and seven O.P.P. officers for assault and battery, wrongful arrest, and false imprisonment, as well as damages for violations of his rights under ss. 2(b), 7, 9 and 15 of the Canadian Charter of Rights and Freedoms (“Charter”). ... [read more]

Tuesday, October 01, 2019 @ 9:23 AM

McLachlin memoir a great read but needs more on SCC decision making | Heather MacIvor

A good memoir inspires its readers to reflect on their own lives — those actually lived, and those that might have been. Truth Be Told: My Journey Through Life and the Law, the new memoir by former Supreme Court chief justice Beverley McLachlin, does just that. ... [read more]

Friday, September 27, 2019 @ 12:42 PM

EVIDENCE - Privilege - Witnesses - Compelling attendance by subpoena - Setting aside

Appeals from a judgment of the Quebec Court of Appeal affirming a decision of the Quebec Superior Court setting aside a decision of the Court of Québec. ... [read more]

Thursday, September 26, 2019 @ 5:33 PM - Last Updated: Friday, September 27, 2019 @ 12:38 AM

SCC affirms Ontario owns Crown copyright in plans of survey filed with province’s land registry system Rosalie Abella

In its first judgment on Crown copyright, the Supreme Court of Canada has unanimously upheld the summary dismissal of a breach of copyright class action launched in 2007 by Ontario’s land surveyors, whose plans of survey filed with the provincial land registry system are being sold online by a commercial database, on Ontario’s behalf, without payment to the surveyor-creators. ... [read more]

Thursday, September 26, 2019 @ 1:50 PM

COPYRIGHT - Ownership - Crown

Appeal from a judgment of the Ontario Court of Appeal affirming a decision dismissing a class action brought by Keatley Surveying Ltd (Keatley). ... [read more]

Wednesday, September 25, 2019 @ 2:56 PM

Public lines up in Winnipeg for first Supreme Court of Canada hearing outside Ottawa SCC in Winnipeg

Manitobans began to line up before dawn on Sept. 25 at the Winnipeg Law Courts for the historic opportunity to watch the Supreme Court of Canada’s nine judges live and in action as the top court sat for the first time outside its Ottawa home base since the court’s creation in 1875. ... [read more]

Monday, September 23, 2019 @ 1:43 PM - Last Updated: Monday, September 23, 2019 @ 2:31 PM

SCC judges kick off week-long trip to Manitoba with press conference at Winnipeg law courts Richard Wagner

The Supreme Court’s nine judges kicked off their high-profile week-long trip to Winnipeg with a news conference by Chief Justice of Canada Richard Wagner and Chief Justice of Manitoba Richard Chartier. ... [read more]