Areas of
Practice

Supreme Court of Canada

Latest

Thursday, July 07, 2022 @ 2:01 PM

Climate change, municipalities and provincial politics | Bo Kruk

The derecho storm that blew through the Ottawa region on May 21 was the most significant storm in the area, to date. According to Ottawa’s regional utility company, over 400 utility poles were damaged. There were only 50 poles impacted in the Ice Storm of 1998, and 88 poles after the 2018 tornadoes. Record-breaking meteorological events are increasing annually. However, if we follow government policies as of November 2021, there is over a 95 per cent chance of exceeding the 1.5°C target under the Paris Agreement of 2015. While the world continues to focus on the COVID-19 pandemic, the spectre of climate change looms in the shadows. ... [read more]

Thursday, July 07, 2022 @ 9:31 AM

SCC won’t give counsel credit to lawyers whose names were left off judgments during pandemic Eugene Meehan

In response to litigators’ complaints that some counsel names were unfairly left off judgments during the COVID-19 pandemic, the Supreme Court of Canada has revisited its practice and will provide up to four counsel credits per party (including interveners) going forward — however it is not planning to add counsel names to published judgments. ... [read more]

Monday, July 04, 2022 @ 9:55 AM

Legal experts hope first remediation agreement under Criminal Code will lead to more Jennifer Quaid

Nearly four years after the federal government added deferred prosecution agreements to the Criminal Code as part of its arsenal to fight corruption and other white-collar crime, legal experts hope that guidance provided by Quebec Superior Court in Canada’s first ever remediation agreement will prompt federal prosecutors and organizations to take advantage of the new way of settling criminal charges. ... [read more]

Monday, July 04, 2022 @ 9:19 AM

CONSTITUTIONAL ISSUES - Principles of fundamental justice - Procedural rights - Fair hearing - To make full answer and defence

Appeal by the Crown from a decision of the British Columbia Supreme Court that declared s. 278.93(4), a provision of the record screening regime in the Criminal Code, unconstitutional. Cross-appeal by the accused J for a declaration the entire regime was unconstitutional. Appeal by the complainant S, in proceedings against the accused Reddick, from a decision of the Ontario Superior Court of Justice that declared the complainant participation regime provided for in the impugned provisions violated the Charter. ... [read more]

Wednesday, June 29, 2022 @ 3:01 PM

Rethinking Barendregt v. Grebliunas on relocation | Rollie Thompson

Shortly after the Supreme Court handed down its reasons in Barendregt v. Grebliunas, 2022 SCC 22, I wrote an article for The Lawyers Daily on May 30, titled “What to take from Supreme Court of Canada in Barendregt v. Grebliunas.” In preparing for a Canadian Bar Association webinar on this and the other recent Supreme Court of Canada parenting decisions, I read and reread Barendregt, paying much closer attention to the relocation analysis of Justice Andromache Karakatsanis. ... [read more]

Thursday, June 23, 2022 @ 1:20 PM

CIVIL PROCEDURE - Constitutional proceedings - Parties - Standing - Public interest

Appeal by the Attorney General of British Columbia from a judgment of the British Columbia Court of Appeal that set aside an order dismissing the action of the respondent Council of Canadians with Disabilities (“CCD”). Cross-appeal by CCD for leave to be granted public interest standing. CCD, a non-profit organization that worked for the rights of people living with disabilities in Canada, and two individual plaintiffs, filed a claim challenging the constitutionality of certain provisions of British Columbia’s mental health legislation. ... [read more]

Thursday, June 23, 2022 @ 11:24 AM

Arbitration awards religious exemption | Barry W. Bussey

Religious or conscientious objectors to the COVID-19 vaccine have paid a high price for their principles over the last year in Canada. Many lost jobs (even when working from home) or were “unenrolled” from university (even with online classes). Others missed precious, once-in-a-lifetime events, like a family wedding or the birth of a distant grandchild, because they were not allowed to fly or take a train. ... [read more]

Tuesday, June 21, 2022 @ 11:04 AM

Bill C-75 appears constitutionally sound so ‘why does it feel so wrong?’ X&O

To date, I have been involved in 20 jury selections in my career; 16 before the Bill C-75 amendments, one after the Bill C-75 amendments where Parliament removed peremptory challenges, and three after R. v. Chouhan 2021 SCC 26 was decided by the Supreme Court, upholding the constitutionality of Parliament’s decision in enacting Bill C-75. ... [read more]

Monday, June 20, 2022 @ 12:56 PM - Last Updated: Monday, June 20, 2022 @ 3:56 PM

Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’ David Lametti

Federal Justice Minister David Lametti says the Liberal government’s proposed law to impose criminal negligence liability on those who commit violent offences after becoming extremely intoxicated fills “a gap” left last month when the Supreme Court of Canada struck down the Criminal Code’s s. 33.1 ban on raising the defence of non-mental disorder automatism to general intent violence-based offences, including sexual assault. ... [read more]

Friday, June 17, 2022 @ 2:08 PM

FEDERAL INCOME TAX - General principles - Legal doctrines - Liability for tax – Administration and enforcement

Appeal by the Attorney General of Canada from a decision of the British Columbia Court of Appeal that upheld a petition that granted equitable rescission to the respondent trusts. Two companies implemented a plan to protect corporate assets from future creditors without incurring income tax liability. ... [read more]