Areas of
Practice

Supreme Court of Canada

Latest

Thursday, June 09, 2022 @ 1:38 PM

Minister’s response to parole decision betrays lack of respect and/or knowledge | John L. Hill

Two recent CBC reports should cause great concern for the criminal bar: ... [read more]

Monday, June 06, 2022 @ 12:41 PM

Debunking the myth: Unilingual judges more competent than bilingual | Agnès Whitfield

The process to select Justice Michael Moldaver’s successor on the Supreme Court of Canada has fuelled speculation in the legal community about possible nominees and perhaps even some friendly betting pools on the side. Under the process adopted in 2016, an independent and non-partisan advisory board, whose members were announced on May 16, has been tasked with providing the prime minister with three to five names of “suitable candidates who are jurists of the highest calibre, are functionally bilingual, and are representative of the diversity of Canada.” ... [read more]

Friday, June 03, 2022 @ 6:01 PM

SCC rules biological ties carry ‘minimal weight’ in determining child’s best interests for custody Laura Cardenas

Reminding appellate courts to give “significant” deference to lower courts’ custody determinations in child protection matters, the Supreme Court of Canada has ruled 9-0 that a child’s biological ties to those competing for custody should mostly be accorded “minimal weight” in determining the child’s best interests. ... [read more]

Friday, June 03, 2022 @ 12:02 PM

CHILD PROTECTION - Supervision or guardianship - Best interests of child - Placing child in place of safety - Custody to non-parent

Appeal by the maternal grandmother from a judgment of the Prince Edward Island Court of Appeal that granted custody of the eight-year-old child to the father. After an alleged incident of domestic violence, the mother left the father in Alberta and moved to Prince Edward Island without telling him she was pregnant. After the child’s birth, the maternal grandmother cared for the child for extensive periods due to the mother’s significant mental health issues. ... [read more]

Monday, May 30, 2022 @ 11:46 AM

OBA celebrates ‘passing of a precious baton’ in evening honouring Supreme Court jurists Abella, Jamal Justices Mahmud Jamal, George Strathy and Rosalie Abella at OBA event

Justice Mahmud Jamal and former justice Rosalie Silberman Abella embraced as a room full of Ontario Bar Association (OBA) members and legal professionals erupted into applause, celebrating “a passing of a precious baton” from one jurist to another. The two judges spoke, and joked, about each other’s qualities and achievements as Abella stepped away from the Supreme Court and Justice Jamal moved onto the bench. ... [read more]

Monday, May 30, 2022 @ 11:24 AM - Last Updated: Tuesday, May 31, 2022 @ 9:21 AM

MAiD expert panel final report provides no ‘safeguards’ for people with mental illness: prof Trudo Lemmens

Canada will be an outlier among countries that allow medical assistance in dying (MAiD) if the federal government adopts the recommendations in the final report of the Expert Panel on MAiD and Mental Illness tabled in Parliament on May 13, warns a member of an independent expert advisory group on MAiD. ... [read more]

Friday, May 27, 2022 @ 4:44 PM

SENTENCING - Offences against person and reputation - Homicide - First degree murder - Particular sanctions - Parole ineligibility

Appeal by the Crown from a judgment of the Quebec Court of Appeal declaring s. 745.51 of the Criminal Code unconstitutional and ordering that the 25-year parole ineligibility period for each of Bissonnette’s five murder convictions should served concurrently. On January 29, 2017, Bissonnette burst into the Great Mosque of Québec and, armed with a semi‑automatic rifle and a pistol, opened fire on worshippers who had gathered there for evening prayer. ... [read more]

Friday, May 27, 2022 @ 11:51 AM - Last Updated: Monday, May 30, 2022 @ 8:20 AM

What to take from Supreme Court of Canada in Barendregt v. Grebliunas | Rollie Thompson

Back in December 2021, the Supreme Court allowed the appeal in Barendregt v. Grebliunas 2022 SCC 22 and restored the B.C. Supreme Court trial decision allowing the mother, Ashley Barendregt, to relocate with her two young sons. For those who watched the hearing, there seemed to be two issues: 1) did the B.C. Court of Appeal err by admitting “new” evidence on appeal; and (2) did the Court of Appeal err by failing to defer to the hard parenting decision made by Justice Anthony Saunders at trial? ... [read more]

Friday, May 20, 2022 @ 12:45 PM

CUSTODY, PARENTING AND ACCESS - Practice and procedure - Evidence

Appeal by the mother from a judgment of the British Columbia Court of Appeal that set aside a parenting order that granted her primary residence and allowed her to relocate the parties’ two children from Kelowna to Telkwa. The parties met in northern British Columbia in 2011. The mother followed the father to Kelowna in 2012 and they married. ... [read more]

Thursday, May 19, 2022 @ 4:06 PM

Supreme Court Justice Moldaver thanks colleagues, family in heartfelt exit speech Justice Michael Moldaver, Supreme Court of Canada

Before his final hearing, retiring Supreme Court justice and onetime star defence lawyer Michael Moldaver spoke of his “dedicated” colleagues and his love of Dairy Queen Blizzards, Kraft Dinner and pizza with his grandkids during weekend sleepovers. ... [read more]