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Supreme Court of Canada

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Friday, May 10, 2019 @ 5:41 PM

SCC rules immigration detainees can apply to provincial superior courts for habeas corpus Nico Breed

The Supreme Court of Canada has affirmed 6-1 that persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) may seek habeas corpus review in superior court when the detainee contends that the detention’s length, uncertain duration or conditions are illegal. ... [read more]

Friday, May 10, 2019 @ 2:21 PM

OFFENCES AND ENFORCEMENT - Release from detention

Appeal by Canada’s Minister of Public Safety and Emergency Preparedness (Minister) from a judgment of the Alberta Court of Appeal setting aside a decision dismissing Chhina’s application for habeas corpus. ... [read more]

Thursday, May 09, 2019 @ 4:57 PM - Last Updated: Thursday, May 09, 2019 @ 11:47 PM

SCC says Clément Gascon in ‘good health’ after judge went missing in Ottawa for hours Gascon_sm

Supreme Court of Canada Justice Clément Gascon, who was reported missing for several hours on May 8 by Ottawa police before he was located “safe and sound” — reportedly in hospital — is “in good health,” according to his family. ... [read more]

Thursday, May 09, 2019 @ 9:17 AM

Habeas corpus and immigration detention: Top court to weigh in immgration_jail_sm

As mentioned in our previous article, the Supreme Court of Canada is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. ... [read more]

Tuesday, May 07, 2019 @ 12:26 PM

Liberals mum on if federal court judges who are Quebec bar members can apply for SCC vacancy Leonid Sirota

Applications close May 17 for the impending Quebec vacancy on the Supreme Court of Canada, but the government of Canada is not saying whether it would consider applications from Quebec judges of the Federal Court, Federal Court of Appeal and Tax Court who also are members of the Quebec bar. ... [read more]

Friday, May 03, 2019 @ 5:15 PM

SCC rules that Quebec franchisee was ‘employee’ and not independent contractor under labour law Justice Rosalie Silberman Abella

In a judgment of note nationally to participants in franchised businesses, the Supreme Court of Canada has provided guidance on when franchisees are “employees” of franchisors — rather than independent contractors — under Quebec’s labour laws. ... [read more]

Friday, May 03, 2019 @ 1:21 PM

EMPLOYER-EMPLOYEE RELATIONSHIP - Employee status - Economic dependency

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision finding that Bourque was not an employee subject to the Decree respecting building service employees in the Québec region (Decree). ... [read more]

Thursday, May 02, 2019 @ 12:31 PM

SCC chief justice to lead international body of francophone constitutional courts Richard_Wagner

Canada’s top judge has assumed the presidency of an international organization dedicated to strengthening the rule of law and promoting judicial independence in French-speaking constitutional courts around the globe. On May 1 in Montreal, Chief Justice of Canada Richard Wagner opened a two-day conference of the Association des Cours Constitutionnelles ayant en Partage l’Usage du Français (ACCPUF) ... [read more]

Monday, April 29, 2019 @ 11:06 AM

Habeas corpus and immigration detention: Really an option? immigration_jail_sm

Immigration lawyers everywhere whose clients include those being held in immigration detention are anxiously awaiting the Supreme Court of Canada’s decision in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. The Supreme Court is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention. ... [read more]

Monday, April 29, 2019 @ 9:00 AM

Trudeau could make history by appointing first female majority SCC; next judge likely to come from Que. CA  Clément Gascon

With the impending retirement of Supreme Court Justice Clément Gascon, Canada’s avowedly feminist prime minister has a historic opportunity to give women, for the first time, a five-judge majority on the nine-member bench of the Supreme Court of Canada. ... [read more]