Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Supreme Court of Canada


Friday, December 08, 2017 @ 4:53 PM

SCC rules Charter s. 8 protects privacy of some text messages Gerald Chan

A split Supreme Court has ruled that a sender’s texts are sometimes entitled to Charter privacy protection, depending on “the totality of the circumstances.” Moreover, police need only obtain production orders — not electronic surveillance warrants — to seize stored “electronic conversations” pursuant to the Criminal Code, the majority held. ... [read more]

Friday, December 08, 2017 @ 2:33 PM

CONSTITUTIONAL ISSUES - Practice and procedure - Parties - Standing

Appeal from a judgment of the Ontario Court of Appeal affirming Jones’ convictions for firearms and drug trafficking offences and the pre-trial application ruling. Jones’ convictions rested on records of text messages seized from a Telus account associated with Waldron, his co-accused, pursuant to a production order obtained under s. 487.012 (now s. 487.014) of the Criminal Code (Code). ... [read more]

Friday, December 08, 2017 @ 2:13 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Appeal by Marakah from an Ontario Court of Appeal judgment affirming his convictions for firearms offences and upholding a pre-trial application ruling in the Crown’s favour. ... [read more]

Friday, December 08, 2017 @ 12:14 PM

Information on property sales must be made publicly available: Federal Court of Appeal

The Federal Court of Appeal has ruled against the Toronto Real Estate Board in its attempts to keep information from its listing service private, a decision the board is vowing to take to the Supreme Court of Canada. ... [read more]

Friday, December 08, 2017 @ 8:58 AM

B.C. Court of Appeal rules compensation for Forces veterans does not violate Charter Donald J. Sorochan

The British Columbia Court of Appeal has struck down a potential class action by members of the Canadian Forces against the federal government’s current compensation scheme for veterans, but a University of British Columbia law professor is saying the court may have erred in its interpretation of what positive obligations the Charter of Rights and Freedoms places on government. ... [read more]

Thursday, December 07, 2017 @ 10:54 AM - Last Updated: Thursday, December 07, 2017 @ 4:19 PM

Canada’s chief justice hangs up her red robes Beverley-MCLACHLIN

It is the end of an era — and what an era it was. Quebec separation, same-sex marriage, physician-assisted death, and so on — Supreme Court Chief Justice Beverley McLachlin has participated in the most momentous and divisive legal debates of the past three decades. ... [read more]

Thursday, December 07, 2017 @ 9:51 AM

Supreme Court's ruling in Saadati puts physical, mental injuries on equal footing Mental injury

The key takeaway from the decision is that an injury is just that, and that there will be no substantive distinction in law or practice between a mental or physical injury — in part because it is becoming increasingly apparent that such dichotomies are not likely scientifically valid. This general theme may have application to a wide variety of other cases. ... [read more]

Wednesday, December 06, 2017 @ 6:55 AM

Martin among the prospects for chief justice

The Liberal government is considering appointing Supreme Court nominee Sheilah Martin of Alberta — a bilingual anglophone who was born and raised in Quebec where she earned both civil law and common law degrees — as Canada’s 18th chief justice, Justice Minister Jody Wilson-Raybould informed MPs this week. ... [read more]

Tuesday, December 05, 2017 @ 7:07 AM

Justice minister says Indigenous judge for Supreme Court coming ‘soon’

An Indigenous jurist will be appointed to the Supreme Court of Canada “soon,” maybe even to the next opening, Justice Minister Jody Wilson-Raybould and former Prime Minister Kim Campbell told MPs. ... [read more]

Monday, December 04, 2017 @ 3:28 PM

Top court rules Yukon improperly tried to alter land use plan Andromache KARAKATSANIS

The Yukon government’s unsuccessful attempt to sidestep a collaborative land use planning process established by a modern treaty doesn’t give it the right to a restart, the Supreme Court of Canada ruled. ... [read more]