Home » 2008 » October (Page 2)

Did Banks See the Forest for the Squeegees?

More than a year has passed since the Supreme Court of Canada ("SCC") dismissed the application David Banks, et al v Her Majesty the Queen, [2007] 156 CRR (2d) 376 (SCC) [Banks] for leave to appeal on August 23, 2007. By dismissing Banks did the SCC implicitly endorse the criminalization of poverty? Admittedly, the SCC receives far […]

Security Certificates and Filtered Disclosure: Applying Charkaoui #2

On September 24, 2008, Judge Simon Noël of the Federal Court ordered the Canadian Security Intelligence Service ("CSIS") and the Ministers of Public Safety and Citizenship and Immigration to “file all information and intelligence related to Mohamed Harkat including but not limited to drafts, diagrams, recordings and photographs in CSIS’s possession or holdings with the designated […]

Privacy and investigative dumpster diving: R v Patrick

The Supreme Court of Canada ("SCC") will hear arguments this Friday on yet another major s. 8 Charter issue in the case of R v Patrick, [2009] 1 SCR 579 [Patrick]. Recent decisions of the top court on police search and seizure powers have been complicated by deep divisions within the court, as evidenced by the four-way […]

When are a Trial Judge's Reasons Sufficient?

Last Thursday the Supreme Court of Canada ("SCC") decided on two companion cases, R v REM, [2008] 3 SCR 3 [REM] and R v HSB, [2008] 3 SCR 32 [HSB], both of which concerned sexual abuse convictions that were overturned on appeal on the basis that the trial judge’s reasons were inadequate. In both instances the SCC reinstated the […]

Aboriginal Property Rights "Down Under"

Since I am currently "down under" visiting Sydney, Australia, I thought that this may be a good opportunity to look at a case that is presently before the Australian High Court involving Aboriginal property rights. The former Liberal federal government, lead by John Howard, implemented a compulsory five-year intervention program in the Northern Territory whereby […]

Tercon Heads For Supreme Court Showdown

The Supreme Court of Canada ("SCC") recently granted leave to appeal in Tercon Contractors Ltd v British Columbia (Transportation and Highways), 2007 BCCA 592 [Tercon]. The British Columbia Court of Appeal’s ("BCCA") controversial decision in Tercon raises a fundamental question: If the courts take a “hands-off” approach to tendering infractions, who will protect the integrity of the bidding […]

R v LTH – Subjectively Objective? Objectively Subjective?

The Supreme Court of Canada's ("SCC") ruling in R v LTH, [2008] 2 SCR 739 [LTH], while a welcome one for defenders of criminal justice rights of young offenders, is one that invites comment upon the SCC's continuing interest in promoting objectivity in decision of law – even where an objective standard may not reasonably exist. […]

MT v J-YT: Injustice Measured in Economic Terms

Le Patrimoine Familial In Québec, the family patrimony is established immediately upon marriage or civil union of two persons. The principle behind the family patrimony is that a marriage creates an equal legal and economic partnership between two individuals; therefore, when their partnership ends – whether by divorce, separation, annulment or death – they are […]