Our Latest Posts
TheCourt.ca is the premier source of commentary on, and analysis of, the work of the Supreme Court of Canada. Its goal is to be an inclusive forum for academics, practitioners and interested citizens to publish, review and discuss commentary on recent Supreme Court judgments, upcoming cases, current hearings, scholarly perspectives, practical insights, updates and more. The blog was originally founded by Simon Fodden, Professor Emeritus at Osgoode Hall Law School, and has been continuously publishing commentary since 2005. Over the years, TheCourt.ca has attracted thousands of readers and featured writing by leading scholars and practitioners.
-
Texting Impersonations: SCC Weighs Digital Privacy in R v Campbell
|
In R v. Campbell, 2024 SCC 42 (“Campbell”), the Supreme Court of Canada (“SCC”) weighed in on whether the police had lawful authority to use the cellphone of a drug dealer without a warrant to continue a text message conversation with an alleged drug distributor. In a 6-3 split, the SCC held that while there was a violation of section 8 of the Charter and Rights and Freedoms [“Charter”], the warrantless search of Mr. Campbell was justified under the exigent circumstances exception outlined in section 11(7) of the Controlled Drugs and Substances Act (“CDSA”).
-
Appeal Watch: Can’t Talk to Your Head of State? SCC to rule on Unilingual Lieutenant Governors in New Brunswick in Acadian Society
|
In the Acadian Society of New Brunswick v The Right Honorable Prime Minister of Canada, the Supreme Court of Canada (“SCC”) will decide whether the Lieutenant-Governor of New Brunswick must be bilingual [41398]. Overturning the decision by the Court of Queen’s Bench of New Brunswick (“NBQB”), the Court of Appeal of New Brunswick (“NBCA”) ruled in the Right Honourable Prime Minister of Canada et al v. La Société de l’Acadie du Nouveau-Brunswick 2024 NBCA 70 (“SANB” ) that the appointment did not contravene the Charter's language provisions.
-
Flying Fair? SCC Weighs in on International Air Transportation Association v Canada
|
Airline passengers in Canada recently scored an important win regarding consumer protection. In International Air Transportation Association v Canada (Transportation Agency), 2024 SCC 30 [International Air], the Supreme Court of Canada (“SCC”) unanimously held that the Canada Transportation Agency’s (the “Agency”) Air Passenger Protection Regulations, SOR/2019-150 [Regulations] were valid regulations that did not violate the Convention for the Unification of Certain Rules for International Carriage by Air, 2242 UNTS 309 [Montreal Convention].
TheCourt.ca is edited and staffed by students of the Osgoode Hall Law School, under the supervision of a faculty editor-in-chief.