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Supreme Court of Canada

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Thursday, September 28, 2017 @ 12:55 PM

SCC rules Crown immunity shields officials from compelled discovery when Crown not a party Gascon

Federal officials can’t be compelled to submit to discovery in civil actions to which neither the Crown nor its servants are parties, the Supreme Court has ruled 7-0 in overturning a Quebec judgment that had attenuated federal Crown immunity. The Sept. 28 judgment co-written by Justices Clément Gascon and Russell Brown is of note to civil litigators and others interested in the law of Crown liability: Canada (Attorney General) v. Thouin 2017 SCC 46. ... [read more]

Wednesday, September 27, 2017 @ 11:57 AM

Request for more judges a necessary move for strained system, lawyers say Melanie_Manchee_sm

Ontario’s Superior Court needs additional judges for a strained system that forces the accused to wait years for trial, makes civil cases the “lesser third cousin” to criminal matters and has children sit in “emotionally charged” homes as parents await divorce proceedings, say lawyers. ... [read more]

Wednesday, September 27, 2017 @ 8:48 AM

How Jordan decision will impact disciplinary law | Nathalie Dubé

In July 2016, in the Jordan case, the Supreme Court of Canada established the procedural delays beyond which the accused is presumed to have been deprived of the right to a fair trial in a reasonable time. What is the basis for this decision, and will it have an effect on the justice system applicable to professionals? ... [read more]

Monday, September 25, 2017 @ 3:49 PM

Supreme Court Justice Abella named peace prize winner

Supreme Court of Canada Justice Rosalie Abella has been announced as the recipient of the 2018 Calgary Peace Prize. ... [read more]

Monday, September 25, 2017 @ 1:18 PM

Details of SCC judgment on informer privilege mostly shielded pending pub bans’ expiry Michael Moldaver

The Supreme Court has issued an important 9-0 judgment dealing with informer privilege, but most information about the case cannot be published until after applicable Criminal Code publication bans are no longer in force. ... [read more]

Thursday, September 21, 2017 @ 10:39 AM

Toronto legal clinic launches challenge to mandatory minimum sentence Palma Paccioco

Toronto’s Aboriginal Legal Services (ALS) has launched a Charter challenge to a mandatory minimum sentence for a First Nations woman who pleaded guilty to importing cocaine, arguing the sentence violates protections against cruel and unusual punishment. ... [read more]

Thursday, September 21, 2017 @ 10:27 AM

Experts dispute lawyers’ warning to MPs that impaired driving bill violates Charter Michael Spratt

Organized bar groups are ringing alarm bells about the constitutionality of various proposed changes to the Criminal Code’s impaired driving provisions, but some legal academics contend the warnings are overblown. ... [read more]

Wednesday, September 20, 2017 @ 12:05 PM

'Saskatchewan’s turn' for SCC judge some say after nominations close for western vacancy Georgina Jackson

Saskatchewan is overdue to be represented on the Supreme Court as it’s been 55 years since its last appointment to the top court, say lawyers from the prairie province. ... [read more]

Tuesday, September 12, 2017 @ 9:02 AM

New tax proposals will overturn decades of settled law

The firestorm from the July 18, 2017, federal tax proposals has been met with fury from the tax community and from small and medium enterprises. Some of the changes will dramatically change tax planning for private corporations, including many professional corporations. ... [read more]

Monday, September 11, 2017 @ 12:14 PM

Judges must be wary of pseudoscience 'nonsense,' study says Vincent Denault

New research from a former litigation lawyer has found that pseudoscience is alive and well — and it may be lurking in Canada’s courtrooms. At the heart of the research: a look at non-verbal behaviour and the often mistaken beliefs that abound. ... [read more]