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Supreme Court of Canada

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Thursday, May 10, 2018 @ 10:56 AM - Last Updated: Thursday, May 10, 2018 @ 12:53 PM

SCC announces it is revisiting Dunsmuir; unusual move is ‘catnip for law nerds’ Eugene Meehan

In a highly unusual move, the Supreme Court of Canada has served notice that it plans to revisit its landmark Dunsmuir judgment on standard of review. ... [read more]

Tuesday, May 01, 2018 @ 3:49 PM - Last Updated: Tuesday, May 01, 2018 @ 5:33 PM

Mystery buff lawyer spots some ‘Easter eggs’ in McLachlin’s just-launched debut novel image_small

Beverley McLachlin’s much-anticipated debut novel Full Disclosure was launched May 1 and it contains an airtight disclaimer, as is only to be expected from an author with such impeccable legal credentials. ... [read more]

Monday, April 23, 2018 @ 1:37 PM

SCC should face ‘unfinished business,’ clarify murky law of judicial review: litigator Adam Goldenberg

The Supreme Court’s post-Dunsmuir efforts to clarify the litigious area of judicial review are doomed unless the judges start to hash out the underlying core policy question they face — namely what is the proper role of the courts in overseeing administrative action? ... [read more]

Monday, April 23, 2018 @ 11:59 AM

Stay calm and carry on the message in R. v. Comeau | Richard Pound

Okay, everyone, take a Valium. For the Chicken Littles among us — relax. The sky is not falling on the regulation of interprovincial trade. Section 121 of the Constitution Act, 1867 is not dead. Its important role has simply been brought into slightly sharper focus. By the same token, the provinces have not been turned loose to completely frustrate the free movement of goods in the context of interprovincial trade. ... [read more]

Friday, April 20, 2018 @ 2:56 PM

CUSTODY AND ACCESS - Considerations - Child’s preference - Hague Convention - Interpretation

The Office of the Children’s Lawyer (Office) appealed from the Ontario Court of Appeal decision setting aside a decision of the Ontario Divisional Court that set aside the application judge’s decision that granted the respondent father’s application for return of the children to Germany. ... [read more]

Friday, April 20, 2018 @ 10:11 AM - Last Updated: Friday, April 20, 2018 @ 5:52 PM

Supreme Court revamps determination of child’s ‘habitual residence’ in wrongful removal/retention cases under Hague Convention Steven Bookman

The Supreme Court of Canada has revised how domestic courts determine a child’s “habitual residence” in a controversial move that some call “a step forward,” while others foresee more uncertainty, litigation and difficulty for parents abroad who are seeking the return of their children from Canada pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. ... [read more]

Thursday, April 19, 2018 @ 1:16 PM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government - Provincial or territorial legislation - Interpretive and constructive doctrines

Appeal from a judgment of the New Brunswick Court of Appeal dismissing an application for leave to appeal a decision declaring s. 134(b) of the Liquor Control Act (LCA) of no force or effect with respect to Comeau. ... [read more]

Thursday, April 19, 2018 @ 10:10 AM - Last Updated: Thursday, April 19, 2018 @ 5:06 PM

Constitution doesn’t guarantee interprovincial free trade; SCC sheds new light on vertical stare decisis, federalism Rob Cunningham

The Supreme Court has ruled that s. 121 of the Constitution Act, 1867 does not guarantee interprovincial free trade in a unanimous judgment that revives a New Brunswick liquor control law whose “incidental effect” is to restrict the transport of domestic alcohol from Quebec into New Brunswick. ... [read more]

Monday, April 16, 2018 @ 8:58 AM

Case headed to Supreme Court will have impact on future voyeurism decisions, LEAF says Karen Segal sm

An Ontario Court of Appeal decision regarding a teacher caught secretly filming his female students with a camera-pen has inspired the Women’s Legal Education and Action Fund (LEAF) to act as an intervener as the case heads to the Supreme Court of Canada. ... [read more]

Friday, April 13, 2018 @ 1:44 PM

CRIMINAL CODE OFFENCES - Homicide - First degree murder - Procedure - Appeals

Appeals by Magoon and Jordan from a judgment of the Alberta Court of Appeal substituting their convictions for first degree murder to convictions for second degree murder. ... [read more]