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Supreme Court of Canada

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Wednesday, August 24, 2022 @ 10:06 AM - Last Updated: Wednesday, August 24, 2022 @ 4:33 PM

SCC nominee ‘embargoes’ for five years her PhD thesis on extending Gladue principles beyond sentencing Michelle O'Bonsawin

Ontario Superior Court Justice Michelle O’Bonsawin, whose Supreme Court nomination is under scrutiny by parliamentarians on Aug. 24, is withholding from public view for at least five years her successful PhD thesis in law titled “A Principled Approach: The Mandatory Application of the Gladue Principles at Review Board Hearings.” ... [read more]

Tuesday, August 23, 2022 @ 12:02 PM

More options needed for those considering MAiD | Leanne Goldstein

More than 10,000 Canadians accessed medical assistance in dying (MAiD) in 2021. With an increasing number of individuals beginning to access MAiD because of the financial burdens of living with a physical or mental disability, governments have an obligation to provide more support in an effort to prevent unnecessary suffering and death. ... [read more]

Friday, August 19, 2022 @ 12:55 PM

Impediments to the public’s right to information | Agnès Whitfield

In the wake of the auditor general of Ontario’s difficulty in obtaining information from Laurentian University, a recent Ontario Divisional Court decision highlights another form of Ontario university resistance to public access to information. ... [read more]

Wednesday, August 10, 2022 @ 12:41 PM

Ontario’s looming electricity supply need Ontario energy

In December 2021, the Independent Electricity System Operator (IESO) released the Annual Planning Outlook, which forecasts the ability of Ontario’s electricity system to meet the province’s needs over the next 20 years (2023 to 2042). Somewhat worryingly, IESO projects that the system is insufficient to meet anticipated demand as soon as 2025. ... [read more]

Tuesday, August 09, 2022 @ 2:06 PM

What you now need to know about administrative delay Overlapping highway signs with the word delay

Excessive delay in an administrative process can have a major impact on the parties affected. Delay affects a party’s psychological well-being, undermines the administrattion of justice and can amount to a violation of procedural fairness. ... [read more]

Friday, August 05, 2022 @ 11:58 AM

Court jurisdiction and political parties: Beware of zombies | Heather MacIvor

In early July, Brampton, Ont., Mayor Patrick Brown was disqualified as a candidate to lead the Conservative Party of Canada (CPC) for alleged violations of the Canada Elections Act (CEA) and the party’s internal rules. Brown is now seeking re-election in Brampton but has said that he is “still pursuing legal options” against the CPC. Do those “legal options” include judicial review, damages or injunctive relief? ... [read more]

Thursday, August 04, 2022 @ 12:18 PM

Federal Court of Appeal shows significant deference to administrative decision-makers Door opening

The National Police Federation has prevailed in a Federal Court of Appeal decision that found Vavilov does not compel a correctness review when an administrative body does not follow precedent. However, with increased deference given to administrative decision-makers, many may be left wondering, what role do the courts play in the judicial review process? ... [read more]

Friday, July 29, 2022 @ 2:15 PM

ELEMENTS OF THE OFFENCE - Actus reus

Appeal by Kirkpatrick from a decision of the British Columbia Court of Appeal that set aside his acquittal on a charge of sexual assault and ordered a new trial. The complainant testified that she made it clear to Kirkpatrick she would only agree to have sexual intercourse with him if he wore a condom. During their second episode of intercourse, Kirkpatrick did not wear a condom. ... [read more]

Friday, July 22, 2022 @ 5:12 PM

Deeply divided SCC excludes homicide confession obtained by police in breach of right to counsel Russell Brown

In a ruling which admonishes police to be “alive to a detainee’s vulnerabilities” when carrying out their obligation to facilitate a person’s s. 10(b) right to counsel, the Supreme Court of Canada has narrowly affirmed that an Indigenous youth who confessed — to stabbing a drug dealer in the neck — after police twice failed to give the 19-year-old an adequate opportunity to consult with a lawyer, is entitled to a new trial that excludes his illegally obtained confession and other evidence that was thereby tainted. ... [read more]

Friday, July 22, 2022 @ 4:51 PM

CONSTITUTIONAL ISSUES - Right to retain and instruct counsel without delay - Remedies for denial of rights

Appeal by the Crown from a decision of the Alberta Court of Appeal that allowed Lafrance’s appeal from his conviction for second-degree murder and ordered a new trial. The police suspected Lafrance, a then 19-year-old Indigenous man, might have been involved in a murder. ... [read more]