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Supreme Court of Canada

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Tuesday, April 02, 2019 @ 9:08 AM

Access to Justice: Looking at the people behind the labels | Beverley McLachlin

Access to justice has two sides — one procedural, one substantive. The procedural side is concerned with giving people access to the legal information and legal services that they need — their hour with a lawyer or their day in court. The substantive side is concerned with ensuring that they access real justice once they are in the system.   ... [read more]

Thursday, March 28, 2019 @ 3:40 PM

COMPELLING APPEARANCE, DETENTION AND RELEASE - Judicial interim release or bail

Appeal by Myers from a decision of the British Columbia Supreme Court confirming his detention status. ... [read more]

Thursday, March 28, 2019 @ 12:13 PM - Last Updated: Friday, March 29, 2019 @ 11:07 AM

SCC rules 30- and 90-day detention reviews for accused held on remand are automatic under s. 525 of Code Richard Wagner

A unanimous Supreme Court of Canada decision requiring automatic detention reviews after 90 or 30 days for people in remand will have a “massive” and salutary impact on the justice system — resulting in thousands more judicial hearings to review pretrial detention, quicker trials, and fewer accused in custody pending trial, predicts the B.C. defence counsel who won the case. ... [read more]

Wednesday, March 20, 2019 @ 10:58 AM

Still waters run deep: Ramifications of Redwater ancientoilwells_sm.jpg

Just over a month after the Supreme Court of Canada handed down its precedent-setting decision in Redwater (Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5), companies are still scrambling to understand exactly how this will impact their operations moving forward. While the oil and gas sector will inevitably feel the full brunt of the decision, they’re not the only industry set to suffer. Industries like mining, power, lumber, pulp and paper and any one where the provinces legislate on abandonment, reclamation and remediation are all set to be impacted. ... [read more]

Monday, March 18, 2019 @ 8:59 AM

Justice Côté and the importance of dissent | Vanessa MacDonnell

On Feb. 27, 2019, Supreme Court of Canada Justice Suzanne Côté delivered a robust defence of the role of dissent in a public lecture at McGill University. The lecture, titled “Independence and Collegiality: How do they Co-Exist at the Supreme Court of Canada?” made the case for judges’ broad “right” to dissent. The remarks are Justice Côté’s most extensive comments on this topic since joining the court in December 2014, and they offer a fascinating glimpse of the judicial philosophy of the current court’s most frequent dissenter. ... [read more]

Friday, March 15, 2019 @ 4:43 PM - Last Updated: Friday, March 15, 2019 @ 5:05 PM

SCC strikes down element of child luring offence but revives one-year minimum penalty in Ontario Michael Moldaver

In its first constitutional pronouncement on the crime of child luring, the Supreme Court of Canada has 9-0 struck down the statutory presumption that an adult accused of child luring believes the purported child’s online representations that she is under age (absent evidence to the contrary). ... [read more]

Friday, March 15, 2019 @ 1:05 PM

CRIMINAL CODE OFFENCES - Offences tending to corrupt morals - Communication with a child by computer in order to commit an offence (luring)

Appeal and cross-appeal from a judgment of the Court of Appeal for Ontario affirming the conviction entered and the sentence imposed to Morrison for the charge of child luring. ... [read more]

Thursday, March 14, 2019 @ 1:34 PM

Justice minister defends bill to reveal judges’ expenses as senators prepare to reduce disclosure requirements David_Lametti

Justice Minister David Lametti says he is “quite happy” with a Trudeau government bill that the judiciary warns would violate judicial independence and endanger its members’ security by requiring all 1,178 federal judges, for the first time, to publicly disclose their individual expenses — which collectively totalled nearly $34 million in the last fiscal year. ... [read more]

Thursday, March 07, 2019 @ 8:39 AM

The SCC rules in Redwater: Losing battles but winning the war abandoned_oilrig_sm

As the energy sector faced economic hardship during the most recent downturn in Alberta, concerns mounted over who would bear the financial responsibility for the reclamation of wells and pipelines when companies with non-producing assets declare bankruptcy. ... [read more]

Thursday, February 28, 2019 @ 1:48 PM

LAWYERS - Duties and obligations - Duty to counsel - Business advice

Appeal by Salomon and his firm Sternthal Katznelson Montigny LLP (SKM) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court dismissing a professional negligence claim against them. ... [read more]