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Supreme Court of Canada

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Thursday, May 09, 2019 @ 9:17 AM

Habeas corpus and immigration detention: Top court to weigh in immgration_jail_sm

As mentioned in our previous article, the Supreme Court of Canada is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. ... [read more]

Tuesday, May 07, 2019 @ 12:26 PM

Liberals mum on if federal court judges who are Quebec bar members can apply for SCC vacancy Leonid Sirota

Applications close May 17 for the impending Quebec vacancy on the Supreme Court of Canada, but the government of Canada is not saying whether it would consider applications from Quebec judges of the Federal Court, Federal Court of Appeal and Tax Court who also are members of the Quebec bar. ... [read more]

Friday, May 03, 2019 @ 5:15 PM

SCC rules that Quebec franchisee was ‘employee’ and not independent contractor under labour law Justice Rosalie Silberman Abella

In a judgment of note nationally to participants in franchised businesses, the Supreme Court of Canada has provided guidance on when franchisees are “employees” of franchisors — rather than independent contractors — under Quebec’s labour laws. ... [read more]

Friday, May 03, 2019 @ 1:21 PM

EMPLOYER-EMPLOYEE RELATIONSHIP - Employee status - Economic dependency

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision finding that Bourque was not an employee subject to the Decree respecting building service employees in the Québec region (Decree). ... [read more]

Thursday, May 02, 2019 @ 12:31 PM

SCC chief justice to lead international body of francophone constitutional courts Richard_Wagner

Canada’s top judge has assumed the presidency of an international organization dedicated to strengthening the rule of law and promoting judicial independence in French-speaking constitutional courts around the globe. On May 1 in Montreal, Chief Justice of Canada Richard Wagner opened a two-day conference of the Association des Cours Constitutionnelles ayant en Partage l’Usage du Français (ACCPUF) ... [read more]

Monday, April 29, 2019 @ 11:06 AM

Habeas corpus and immigration detention: Really an option? immigration_jail_sm

Immigration lawyers everywhere whose clients include those being held in immigration detention are anxiously awaiting the Supreme Court of Canada’s decision in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. The Supreme Court is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention. ... [read more]

Monday, April 29, 2019 @ 9:00 AM

Trudeau could make history by appointing first female majority SCC; next judge likely to come from Que. CA  Clément Gascon

With the impending retirement of Supreme Court Justice Clément Gascon, Canada’s avowedly feminist prime minister has a historic opportunity to give women, for the first time, a five-judge majority on the nine-member bench of the Supreme Court of Canada. ... [read more]

Tuesday, April 23, 2019 @ 12:31 PM

SCC was more divided than united on cases in 2018; dissents rose, but case intake and output fell SCC Judges

For the first time in decades, in 2018 the Supreme Court of Canada was more divided than united on the outcome of appeals — setting a record low 48 per cent unanimity rate — after two years of growing division among the judges, new court statistics disclose. ... [read more]

Thursday, April 18, 2019 @ 5:11 PM

SCC rules police did not violate Charter s. 8 with warrantless sting aimed at online child predators Russell Brown

The Supreme Court of Canada has ruled 6-1 that an undercover police officer who created a fictitious identity online that purported to be a 14-year-old girl did not need a warrant to surreptitiously record his online communications with a suspected child predator — nor was the latter’s constitutional right to be free from unreasonable search and seizure engaged by this police investigative technique. ... [read more]

Thursday, April 18, 2019 @ 1:29 PM

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

Appeal by Mills from a judgment of the Newfoundland and Labrador Court of Appeal affirming his conviction for luring a child via the Internet. ... [read more]