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Supreme Court of Canada

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Friday, April 20, 2018 @ 2:56 PM

CUSTODY AND ACCESS - Considerations - Child’s preference - Hague Convention - Interpretation

The Office of the Children’s Lawyer (Office) appealed from the Ontario Court of Appeal decision setting aside a decision of the Ontario Divisional Court that set aside the application judge’s decision that granted the respondent father’s application for return of the children to Germany. ... [read more]

Friday, April 20, 2018 @ 10:11 AM - Last Updated: Friday, April 20, 2018 @ 5:52 PM

Supreme Court revamps determination of child’s ‘habitual residence’ in wrongful removal/retention cases under Hague Convention Steven Bookman

The Supreme Court of Canada has revised how domestic courts determine a child’s “habitual residence” in a controversial move that some call “a step forward,” while others foresee more uncertainty, litigation and difficulty for parents abroad who are seeking the return of their children from Canada pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. ... [read more]

Thursday, April 19, 2018 @ 1:16 PM

CONSTITUTIONAL VALIDITY OF LEGISLATION - Level of government - Provincial or territorial legislation - Interpretive and constructive doctrines

Appeal from a judgment of the New Brunswick Court of Appeal dismissing an application for leave to appeal a decision declaring s. 134(b) of the Liquor Control Act (LCA) of no force or effect with respect to Comeau. ... [read more]

Thursday, April 19, 2018 @ 10:10 AM - Last Updated: Thursday, April 19, 2018 @ 5:06 PM

Constitution doesn’t guarantee interprovincial free trade; SCC sheds new light on vertical stare decisis, federalism Rob Cunningham

The Supreme Court has ruled that s. 121 of the Constitution Act, 1867 does not guarantee interprovincial free trade in a unanimous judgment that revives a New Brunswick liquor control law whose “incidental effect” is to restrict the transport of domestic alcohol from Quebec into New Brunswick. ... [read more]

Monday, April 16, 2018 @ 8:58 AM

Case headed to Supreme Court will have impact on future voyeurism decisions, LEAF says Karen Segal sm

An Ontario Court of Appeal decision regarding a teacher caught secretly filming his female students with a camera-pen has inspired the Women’s Legal Education and Action Fund (LEAF) to act as an intervener as the case heads to the Supreme Court of Canada. ... [read more]

Friday, April 13, 2018 @ 1:44 PM

CRIMINAL CODE OFFENCES - Homicide - First degree murder - Procedure - Appeals

Appeals by Magoon and Jordan from a judgment of the Alberta Court of Appeal substituting their convictions for first degree murder to convictions for second degree murder. ... [read more]

Friday, April 13, 2018 @ 12:15 PM - Last Updated: Friday, April 13, 2018 @ 4:19 PM

Supreme Court clarifies law of unlawful confinement in case where parents beat young child to death Moldaver and Abella

The Supreme Court of Canada has clarified what constitutes unlawful confinement of a child by a parent in reasons for judgment that explain why the top court upheld the first-degree murder convictions last year of an Alberta couple who fatally battered their 6-year-old daughter. ... [read more]

Thursday, April 12, 2018 @ 3:46 PM

McLachlin’s diplomacy, caring helped defuse tensions, build consensus at SCC: ex-judge LeBel Retired SCC Justice Louis LeBel and retired SCC Chief Justice Beverley McLachlin

Beverley McLachlin’s behind-the-scenes diplomacy in dealing with the inevitable disagreements and rivalries among the Supreme Court of Canada’s competitive and “ambitious” nine members helped the top court achieve a remarkable level of consensus during her 18 years as its leader, says retired Supreme Court Justice Louis LeBel. ... [read more]

Monday, April 09, 2018 @ 2:28 PM

Supreme Court shaped Charter into what it is today: McLachlin Beverley McLachlin

Beverley McLachlin says Canada has gone through enormous change since the adoption of the Canadian Charter of Rights and Freedoms on a rainy day in April 1982, and much of that change has been shaped by justices of the Supreme Court who interpreted the Charter as a document capable of ensuring broad protections for every Canadian man, woman and child. ... [read more]

Monday, March 26, 2018 @ 1:31 PM

Supreme Court welcomes its newest member as Martin dons the red robes Sheilah Martin

When Supreme Court Justice Sheilah Martin’s proud father drove her back and forth to the train that took her from a Montreal suburb to McGill University’s law school, her dad assured her she had the right stuff to one day join the nation’s highest court. ... [read more]