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Supreme Court of Canada

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Tuesday, September 06, 2022 @ 12:07 PM

Cannabis decision proves much depends on how you ask questions Police light

Every criminal defence counsel can remember instances at trial where he or she didn’t get the answer expected simply because the lawyer had not asked the right question. It can also happen to police officers, as the Saskatchewan Court of Appeal decided in the case of R. v. Santos 2022 SKCA 50 that was handed down on April 19. ... [read more]

Wednesday, August 31, 2022 @ 9:54 AM

Ontario HIV appeal decision: Battle lost, battle won HIV tag

In the opening act of Shakespeare’s Macbeth, the second of the three witches said that they will meet again, “When the battle’s lost and won.” The paradox contained in the line can be troublesome for readers. A similar paradox is probably just as troublesome for readers of the recently decided appeal R. v. Murphy [2022] O.J. No. 3791. It was also a case that was lost and won. ... [read more]

Wednesday, August 24, 2022 @ 12:36 PM

Justice O’Bonsawin brings refreshing experience to highest court | Naomi Sayers

Last week, it was news across my social media and I enjoyed seeing the positive words from other colleagues online. ... [read more]

Wednesday, August 24, 2022 @ 10:06 AM - Last Updated: Wednesday, August 24, 2022 @ 4:33 PM

SCC nominee ‘embargoes’ for five years her PhD thesis on extending Gladue principles beyond sentencing Michelle O'Bonsawin

Ontario Superior Court Justice Michelle O’Bonsawin, whose Supreme Court nomination is under scrutiny by parliamentarians on Aug. 24, is withholding from public view for at least five years her successful PhD thesis in law titled “A Principled Approach: The Mandatory Application of the Gladue Principles at Review Board Hearings.” ... [read more]

Tuesday, August 23, 2022 @ 12:02 PM

More options needed for those considering MAiD | Leanne Goldstein

More than 10,000 Canadians accessed medical assistance in dying (MAiD) in 2021. With an increasing number of individuals beginning to access MAiD because of the financial burdens of living with a physical or mental disability, governments have an obligation to provide more support in an effort to prevent unnecessary suffering and death. ... [read more]

Friday, August 19, 2022 @ 12:55 PM

Impediments to the public’s right to information | Agnès Whitfield

In the wake of the auditor general of Ontario’s difficulty in obtaining information from Laurentian University, a recent Ontario Divisional Court decision highlights another form of Ontario university resistance to public access to information. ... [read more]

Wednesday, August 10, 2022 @ 12:41 PM

Ontario’s looming electricity supply need Ontario energy

In December 2021, the Independent Electricity System Operator (IESO) released the Annual Planning Outlook, which forecasts the ability of Ontario’s electricity system to meet the province’s needs over the next 20 years (2023 to 2042). Somewhat worryingly, IESO projects that the system is insufficient to meet anticipated demand as soon as 2025. ... [read more]

Tuesday, August 09, 2022 @ 2:06 PM

What you now need to know about administrative delay Overlapping highway signs with the word delay

Excessive delay in an administrative process can have a major impact on the parties affected. Delay affects a party’s psychological well-being, undermines the administrattion of justice and can amount to a violation of procedural fairness. ... [read more]

Friday, August 05, 2022 @ 11:58 AM

Court jurisdiction and political parties: Beware of zombies | Heather MacIvor

In early July, Brampton, Ont., Mayor Patrick Brown was disqualified as a candidate to lead the Conservative Party of Canada (CPC) for alleged violations of the Canada Elections Act (CEA) and the party’s internal rules. Brown is now seeking re-election in Brampton but has said that he is “still pursuing legal options” against the CPC. Do those “legal options” include judicial review, damages or injunctive relief? ... [read more]

Thursday, August 04, 2022 @ 12:18 PM

Federal Court of Appeal shows significant deference to administrative decision-makers Door opening

The National Police Federation has prevailed in a Federal Court of Appeal decision that found Vavilov does not compel a correctness review when an administrative body does not follow precedent. However, with increased deference given to administrative decision-makers, many may be left wondering, what role do the courts play in the judicial review process? ... [read more]