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Supreme Court of Canada

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Friday, August 02, 2019 @ 11:27 AM

Quebec’s top judge says outreach needed to boost female representation at highest judicial levels TLD Exclusive

Quebec’s top judge tells The Lawyer’s Daily that, in her experience, even the most accomplished female jurists are, generally speaking, more apt than their male counterparts to need encouragement to apply for senior roles in the judiciary. ... [read more]

Wednesday, July 31, 2019 @ 4:52 PM

SCC says ‘rape shield’ was misapplied to bar sexual history questions, but convicts accused Andromache-KARAKATSANIS

The Supreme Court of Canada has unanimously ruled that an Ontario man accused of sexually assaulting and impregnating a minor who testified she was a virgin at the time of the incident was improperly prevented from cross-examining her about whether she had engaged in sexual activity with anyone else at the relevant time. ... [read more]

Monday, July 29, 2019 @ 12:48 PM

No surprises in SCC courts martial decision | Richard Pound

While the outcome of the litigation in R. v. Stillman 2019 SCC 40 may have been disappointing for the litigants, it should have come as no surprise to their counsel. This was not the first time that the Charter has been invoked in an effort to avoid the trial of certain offences before military tribunals. ... [read more]

Monday, July 29, 2019 @ 8:53 AM

Access to justice in the refugee context refugee_wire_sm

Access to justice, particularly for the most vulnerable persons in society, is a key issue in policy debates in Canada. Refugees are persons who have fled from traumatizing circumstances and need the legal system to facilitate the establishment of their refugee claims. ... [read more]

Friday, July 26, 2019 @ 10:52 AM - Last Updated: Friday, July 26, 2019 @ 3:56 PM

SCC restores ability of courts martial to try serious crimes by military members in Canada Moldaver and Brown

The Supreme Court of Canada has ruled 5-2 that military members charged under the National Defence Act (NDA) for serious criminal offences committed in Canada do not have the right to trial by jury — overturning a Court Martial Appeal Court (CMAC) Charter ruling below that would have gutted the court martial system, and jeopardized dozens of current prosecutions, including for sexual assault. ... [read more]

Friday, July 26, 2019 @ 9:28 AM

Supreme Court of Canada nominee Kasirer says policy-making is for legislators, not judges Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer says he finds oral advocacy “very useful” in deciding appeals and advises counsel to hone in on what’s most important when making their arguments. That was among the insights the fluently bilingual 59-year-old Supreme Court of Canada nominee from Quebec shared at a decorous and non-partisan question-and-answer session in Ottawa July 25 ... [read more]

Friday, July 26, 2019 @ 8:40 AM

Chief Electoral Officer told to reconsider federal election date | Heather MacIvor

On July 23, Justice Ann Marie McDonald of the Federal Court ordered Canada’s Chief Electoral Officer (CEO) to reconsider his decision not to recommend postponing the fall general election (Chani Aryeh-Bain et al. v. Chief Electoral Officer of Canada 2019 FC 964). ... [read more]

Monday, July 22, 2019 @ 3:14 PM

Chief Justice Wagner, Justice minister sign accord to boost SCC independence

Supreme Court Chief Justice Richard Wagner and Minister of Justice and Attorney General of Canada David Lametti on July 22 signed an accord aimed at recognizing and reinforcing the independence of the Supreme Court. ... [read more]

Monday, July 22, 2019 @ 8:42 AM

Knowledge of fraudulent person can’t be attributed to company Magnifying glass with calculator

The Supreme Court of Canada (SCC) answered a delicate question in its Christine Dejong Medecine Professional Corp. v. DBDC Spadina Ltd. [2019] S.C.J. No. 30 decision: If a company is used by someone who is committing fraud, can that company be said to have known about that fraud? ... [read more]

Monday, July 15, 2019 @ 1:26 PM

SCC could ‘abandon’ old case law on implied contracts, says lawyer Brian_Murphy_sm

An East Coast resident is looking towards Canada’s highest court after “antiquated” case law was used in deciding he had breached an implied contract with a company to develop his land for blueberry farming, says his lawyer. The June 25 Prince Edward Island Court of Appeal ruling involved Roger O’Neill and Kings County Construction Ltd. ... [read more]