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Supreme Court of Canada

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Friday, July 31, 2020 @ 5:38 PM

SCC rules on disclosure of cabinet documents in judge compensation case Andromache_Karakatsanis_sm

In two separate decisions involving disputes between provinces and judges over compensation, Canada’s top court has ruled that a cabinet document sought by British Columbia’s judges as ammunition in their fight must stay confidential but that parts of a Nova Scotia cabinet document detailing “government-wide implications” and a “communications plan” could be used to reveal the province failed to meet its obligations when deciding on judges’ salaries. ... [read more]

Friday, July 31, 2020 @ 1:14 PM

JUDGES - Compensation - Independence of judiciary - Financial security

Appeal from a judgment of the British Columbia Court of Appeal dismissing the Attorney General of British Columbia’s appeal of decisions requiring it to produce submissions to Cabinet concerning judicial compensation recommendations. ... [read more]

Friday, July 31, 2020 @ 12:35 PM

CONSTITUTIONAL PROCEEDINGS - Practice and procedure - Discovery

Appeal by the Attorney General of Nova Scotia from a decision of the Nova Scotia Court of Appeal dismissing its appeal from an order requiring it to produce its report made to Cabinet. ... [read more]

Friday, July 31, 2020 @ 9:51 AM

Reports disclose federal judge expenses for first time Wayne_MacKay_sm

For the first time, amounts federally appointed judges are expensing for things such as office equipment, Internet, home security and travel have been made public. The work-related expenses were released July 28 in two separate reports, one from the Supreme Court of Canada with details expenses claimed by its judges and one from the Office of the Commissioner for Federal Judicial Affairs (FJA), which did the same for all other federally appointed judges across the country. ... [read more]

Friday, July 24, 2020 @ 5:08 PM

SCC dismisses class action against East Coast lottery corporation over video gaming terminals Russell_Brown_sm

By a slim majority, Canada’s high court has stopped a class action out of Newfoundland and Labrador aimed at the Atlantic Lottery Corporation and its video lottery terminals, finding plaintiffs’ claims that the games are deceptive and that the ALC failed to warn players of the risks involved, acted in bad faith and unjustly profited from trickery, have no reasonable chance of success. ... [read more]

Monday, July 20, 2020 @ 12:30 PM

Alberta Appeal Court justices call for SCC to revisit s. 12 Charter jurisprudence   Jordan_Stuffco

Two judges on Alberta’s top court urged the Supreme Court of Canada to revisit its s. 12 Charter jurisprudence in a decision that reinforces the provincial Appeal Court’s position as the country’s chief defender of mandatory minimum sentences, according to one prominent criminal lawyer. ... [read more]

Friday, July 17, 2020 @ 3:45 PM

SCC denies Crown appeal; decision ‘clear notice’ to be proactive in moving cases forward: lawyer The Supreme Court

The Supreme Court of Canada has dismissed the Crown challenge of a decision by the Quebec Court of Appeal to allow the stay of proceedings in the case of a man accused of murdering his spouse, ruling his right to be tried within a reasonable time was infringed. ... [read more]

Wednesday, July 15, 2020 @ 12:16 PM

Divided Ontario Appeal Court ruling regarding trial management, fairness headed to top court David Parry

It will be left for the country’s highest court to decide when a judge’s rulings on testimony move from trial management to threatening an accused’s right to a fair proceeding, following a 2-1 decision by the Ontario Court of Appeal. ... [read more]

Friday, July 10, 2020 @ 5:46 PM - Last Updated: Friday, July 10, 2020 @ 6:04 PM

Genetic discrimination law constitutional, Supreme Court rules Justice Andromache Karakatsanis

In a 5-4 decision, the Supreme Court of Canada has ruled Parliament had the authority to enact a law prohibiting genetic discrimination despite an earlier ruling which said it was unconstitutional. But a number of legal observers noted the court did not ultimately resolve an issue that had been facing it for some time — what level of harm is necessary in order for Parliament to utilize its criminal law power. ... [read more]

Friday, July 03, 2020 @ 12:12 PM

First Nations say SCC refusal to hear pipeline appeal undermines consultation, reconciliation Eugence Kung sm

Three British Columbia First Nations opposed to Ottawa’s $12.6-billion expansion of the Trans Mountain bitumen pipeline say the Supreme Court of Canada has dealt a lasting blow to reconciliation by refusing to hear their challenge to a February Federal Court of Appeal decision that cleared the way for the project. ... [read more]