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Supreme Court of Canada

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Friday, February 02, 2018 @ 4:22 PM

SCC restores Specific Claims Tribunal’s decision that First Nation’s historic claims against Canada are valid

In a boost for historic First Nations claims and the largely unheralded work of the Specific Claims Tribunal (SCT), a divided Supreme Court of Canada has restored the tribunal’s ruling that the Colony of British Columbia breached its fiduciary obligation to preserve the lands of the Williams Lake Indian Band from white settlement before Confederation — and that the federal Crown is responsible for that breach, as well as for Ottawa’s own failure to meet its obligations to the band after B.C. joined Confederation in 1871. ... [read more]

Friday, February 02, 2018 @ 1:24 PM

ABORIGINAL LANDS - Duties of the Crown - Sui generis fiduciary duty

Appeal by the Williams Lake Indian Band (Band) from a judgment of the Federal Court of Appeal allowing Canada’s application for judicial review of a decision of the Specific Claims Tribunal (Tribunal). ... [read more]

Thursday, February 01, 2018 @ 5:27 PM

Supreme Court ‘integrates’ duty to accommodate into Quebec’s injured workers’ legislation Justice Rosalie Silberman Abella

The Supreme Court has ruled that Quebec employers have a duty under the province’s injured workers’ legislation to reasonably accommodate those injured in the workplace — even though that duty is not expressly mandated by the statute. ... [read more]

Thursday, February 01, 2018 @ 4:47 PM

WORKPLACE HEALTH, SAFETY AND COMPENSATION - Workers’ compensation - Obligation to re-employ

Appeal from a judgment of the Quebec Court of Appeal affirming a decision allowing an application for judicial review of a decision of the Commission des lésions professionnelles (CLP) and remitting the matter for reconsideration. ... [read more]

Tuesday, January 30, 2018 @ 7:01 AM

Indigenous jurists made up 21% of applicants for SCC vacancy Kim Campbell

Fourteen jurists vied last fall to fill the Supreme Court’s western vacancy — of which 21 per cent self-identified as Indigenous, according to the Independent Advisory Board for Supreme Court of Canada Appointments, chaired by former prime minister Kim Campbell. ... [read more]

Friday, January 19, 2018 @ 2:17 PM

AIR TRANSPORTATION - Regulation - Federal - Complaints about air carriers - Canadian Transportation Agency

Appeal by Delta Air Lines Inc. (Delta) from a judgment of the Federal Court of Appeal setting aside a decision of the Canadian Transportation Agency (Agency) dismissing Lukács’s complaint for discriminatory practices. ... [read more]

Friday, January 19, 2018 @ 1:03 PM - Last Updated: Friday, January 19, 2018 @ 4:14 PM

SCC rules public interest standing rules developed by courts don’t apply to complaints to federal agency Beverley McLachlin

The Supreme Court has split 6-3 to rule that the Canadian Transportation Agency (CTA) acted unreasonably when it used the rules of public interest standing developed by the civil courts to dismiss a discrimination complaint that sought to eliminate Delta Air Lines’ policies for transporting obese passengers. ... [read more]

Friday, January 05, 2018 @ 9:19 AM - Last Updated: Friday, January 05, 2018 @ 9:45 AM

Indigenous rights, lawyers’ liability, breathalyzers among key appeals on SCC winter docket Karey Brooks

The Supreme Court starts off 2018 with a new judge from Alberta, a new chief justice from Quebec and a docket packed with novel cases hailing mostly from those two provinces. ... [read more]

Thursday, December 21, 2017 @ 6:18 PM

SCC upholds dangerous offender provisions but says indeterminate detention a last resort Catriona Verner

The Supreme Court has upheld the constitutionality of two Harper-era dangerous offender sentencing provisions, while construing the 2008 amendments in a way that preserves judicial discretion and ensures that indeterminate detention remains a last resort. ... [read more]

Thursday, December 21, 2017 @ 1:18 PM

SENTENCING - Particular sanctions - Imprisonment - Indeterminate

Appeal by Boutilier from a judgment of the British Columbia Court of Appeal setting aside in part a decision designating him as a dangerous offender and sentencing him to indeterminate detention. ... [read more]