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Supreme Court of Canada

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Tuesday, August 18, 2020 @ 2:37 PM

The chimp, the bee, the SCC | Barry Bussey

Social psychologist Jonathan Haidt argues that human beings are both individual and social. We live the majority of our lives in the daily realm of the profane — what he calls our “chimp” nature — but, through the collective, we also experience a higher, sacred reality, which he describes as the “bee” domain. And, just as a bee cannot be studied in isolation from the hive, we cannot understand religion unless we recognize its communal aspects. I observe that the law appears to understand our chimp nature but has a difficult time with our bee nature. ... [read more]

Wednesday, August 05, 2020 @ 1:51 PM

Federal Court of Appeal decision has put more than $1B in tax revenue at risk, Ottawa says Steve Suarez, Borden Ladner Gervais LLP

The federal government wants the Supreme Court to look at a recent decision which it says “provides a roadmap” for Canadian financial institutions to avoid paying tax, but a legal expert is saying getting before the high court will likely be a steep hill to climb. ... [read more]

Friday, July 31, 2020 @ 5:38 PM

SCC rules on disclosure of cabinet documents in judge compensation case Andromache_Karakatsanis_sm

In two separate decisions involving disputes between provinces and judges over compensation, Canada’s top court has ruled that a cabinet document sought by British Columbia’s judges as ammunition in their fight must stay confidential but that parts of a Nova Scotia cabinet document detailing “government-wide implications” and a “communications plan” could be used to reveal the province failed to meet its obligations when deciding on judges’ salaries. ... [read more]

Friday, July 31, 2020 @ 1:14 PM

JUDGES - Compensation - Independence of judiciary - Financial security

Appeal from a judgment of the British Columbia Court of Appeal dismissing the Attorney General of British Columbia’s appeal of decisions requiring it to produce submissions to Cabinet concerning judicial compensation recommendations. ... [read more]

Friday, July 31, 2020 @ 12:35 PM

CONSTITUTIONAL PROCEEDINGS - Practice and procedure - Discovery

Appeal by the Attorney General of Nova Scotia from a decision of the Nova Scotia Court of Appeal dismissing its appeal from an order requiring it to produce its report made to Cabinet. ... [read more]

Friday, July 31, 2020 @ 9:51 AM

Reports disclose federal judge expenses for first time Wayne_MacKay_sm

For the first time, amounts federally appointed judges are expensing for things such as office equipment, Internet, home security and travel have been made public. The work-related expenses were released July 28 in two separate reports, one from the Supreme Court of Canada with details expenses claimed by its judges and one from the Office of the Commissioner for Federal Judicial Affairs (FJA), which did the same for all other federally appointed judges across the country. ... [read more]

Friday, July 24, 2020 @ 5:08 PM

SCC dismisses class action against East Coast lottery corporation over video gaming terminals Russell_Brown_sm

By a slim majority, Canada’s high court has stopped a class action out of Newfoundland and Labrador aimed at the Atlantic Lottery Corporation and its video lottery terminals, finding plaintiffs’ claims that the games are deceptive and that the ALC failed to warn players of the risks involved, acted in bad faith and unjustly profited from trickery, have no reasonable chance of success. ... [read more]

Monday, July 20, 2020 @ 12:30 PM

Alberta Appeal Court justices call for SCC to revisit s. 12 Charter jurisprudence   Jordan_Stuffco

Two judges on Alberta’s top court urged the Supreme Court of Canada to revisit its s. 12 Charter jurisprudence in a decision that reinforces the provincial Appeal Court’s position as the country’s chief defender of mandatory minimum sentences, according to one prominent criminal lawyer. ... [read more]

Friday, July 17, 2020 @ 3:45 PM

SCC denies Crown appeal; decision ‘clear notice’ to be proactive in moving cases forward: lawyer The Supreme Court

The Supreme Court of Canada has dismissed the Crown challenge of a decision by the Quebec Court of Appeal to allow the stay of proceedings in the case of a man accused of murdering his spouse, ruling his right to be tried within a reasonable time was infringed. ... [read more]

Wednesday, July 15, 2020 @ 12:16 PM

Divided Ontario Appeal Court ruling regarding trial management, fairness headed to top court David Parry

It will be left for the country’s highest court to decide when a judge’s rulings on testimony move from trial management to threatening an accused’s right to a fair proceeding, following a 2-1 decision by the Ontario Court of Appeal. ... [read more]