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Supreme Court of Canada

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Friday, June 22, 2018 @ 6:19 PM - Last Updated: Monday, June 25, 2018 @ 11:55 AM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Friday, June 22, 2018 @ 10:18 AM

Fantasy Courts asks players to predict how the Supreme Court will rule Thomas Slade

Forget basketball brackets, hockey pools and fantasy sports. Now Canadians can demonstrate their superior knowledge of Supreme Court decisions in an online fantasy court challenge. ... [read more]

Friday, June 22, 2018 @ 8:03 AM

TWU ruling sheds light on religious freedom, administrative law but some questions left unresolved Eugene Meehan

What do we know about the law that we didn’t know before the Supreme Court of Canada rendered its much-anticipated companion rulings in the landmark Trinity Western University case on June 15? Lawyers and academics expect to be sifting answers for some time from what the top court had to say in its three concurring (and one dissenting) opinion in each of Trinity Western University v. Law Society of Upper Canada 2018 SCC 33 and Law Society of British Columbia v. Trinity Western University 2018 SCC 32. ... [read more]

Wednesday, June 20, 2018 @ 9:39 AM - Last Updated: Wednesday, June 20, 2018 @ 12:37 PM

McLachlin will advocate for Office of JAG in new role as CAF’s ‘honorary captain (Navy)’ Geneviève Bernatchez and Beverley McLachlin

From “yes, my lady” to “aye, aye captain” — Beverley McLachlin, former chief justice of Canada, is adding another to her new roles, which already include bestselling Canadian novelist, Hong Kong Supreme Court judge, and now honorary captain (Navy) of the Office of the Judge Advocate General (JAG). ... [read more]

Friday, June 15, 2018 @ 2:45 PM

REGULATION OF PROFESSION - Law societies and governing bodies - Constitutional issues - Canadian Charter of Rights and Freedoms

Appeal by the Law Society of British Columbia (LSBC) from a judgment of the British Columbia Court of Appeal related to the decision by the Law Society of British Columbia (LSBC) not to approve Trinity Western University (TWU)’s proposed law school. ... [read more]

Friday, June 15, 2018 @ 1:37 PM

REGULATION OF PROFESSION - Law societies and governing bodies - Constitutional issues - Canadian Charter of Rights and Freedoms

Appeal by Trinity Western University (TWU) and Volkenant from a judgment of the Ontario Court of Appeal affirming a decision of the Divisional Court that dismissed their application for judicial review of a decision of the Law Society of Upper Canada (LSUC). ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 4:31 PM

SCC affirms laws are not a ‘service’ open to challenge at a federal human rights tribunal Clément Gascon

The Supreme Court of Canada has unanimously upheld a human rights tribunal’s dismissal of complaints against the refusal to register certain people as “Indians” because their direct attack on the legislated eligibility requirements for registered Indian status does not amount to a complaint about the discriminatory provision of a “service” under s. 5 of the Canadian Human Rights Act (CHRA). ... [read more]

Thursday, June 14, 2018 @ 1:52 PM

APPEALS AND JUDICIAL REVIEW - Standard of review - Reasonableness

Appeal from a judgment of the Federal Court of Appeal affirming a decision of the Canadian Human Rights Tribunal (Tribunal) dismissing complaints based on the Canadian Human Rights Act (CHRA). ... [read more]

Wednesday, June 13, 2018 @ 3:14 PM

SCC rules prison service must take all reasonable steps to ensure parole tools valid for Indigenous offenders Justice Richard Wagner

The Supreme Court of Canada has declared 7-2 that the Correctional Service of Canada (CSC) is breaching its statutory obligations by using psychological tools to assess Indigenous offenders’ suitability for parole — without first taking all reasonable steps to ensure that those tools are valid — and not culturally biased — vis-a-vis Indigenous inmates. ... [read more]