Is the justice system blind to colour? Jim Rankin and Betsy Powell of the Toronto Star pose this question in an article that is part of the newspaper’s series on Crime and Punishment. The series explores “the state of crime and punishment in Canada, including the social costs of mandatory minimum sentences, in a series […]
In a bilingual country such as Canada, effective statutory interpretation demands a command of both official languages. Indeed, it is commonplace for judges and lawyers alike to either substantiate or problematize a particular line of statutory interpretation in one official language by looking to the text of the statute in the other. The prevalence of […]
Some jurisprudential issues are relatively unique to Canada. Canada's legal tradition of bilingualism is notable in this regard; very few countries are required to render laws in more than one language, regardless of how many languages might be spoken in the country or even how many the government might officially recognize. (This writer's favorite multilingual […]
Last week the Supreme Court of Canada handed down a split decision in Montréal (City) v Quebec (Commission des droits de la personne et des droits de la jeunesse), [2008] 2 SCR 698 [Montréal v Quebec]. In this post, I will consider the majority, authored by Justice Deschamps, which clarifies the implications of a pardon to […]
Faced with two different readings of the law and two different reading of the facts, one is inclined to read Redeemer Foundation v Canada (National Revenue), [2008] 2 SCR 643 [Redeemer], twice (if not more to write a commentary about it). At issue was whether “the Minister was required under s. 231.2(2) of the Income Tax […]
The Supreme Court of Canada's decision in Redeemer Foundation v Canada (National Revenue), [2008] 2 SCR 643, marks a dramatic expansion of the Canada Revenue Agency's ("CRA") investigative powers as regards charities. However, the expansion is qualified, and the policy implications of such an expansion are far from ignored. The Redeemer Foundation is associated with […]