The ongoing judicial-parliamentary dialogue over the constitutionality of Canada’s security certificates regime came to a halt this week when the Federal Court refused to consider the latest constitutional challenge on its merits. Almrei v Canada (Citizenship and Immigration), 2007 FC 1025 [Almrei] is the first constitutional challenge to the new amendments to the Immigration and Refugee Protection Act, […]
On Friday the Supreme Court of Canada pronounced on R v JF, [2008] 3 SCR 215, a criminal case concerned with child abuse, manslaughter and inconsistent verdicts. The issue before the Court was whether an accused could, on the one hand, be convicted of criminal negligence for not protecting a child from physical abuse and, […]
On Thursday, October 30, 2008, the Supreme Court of Canada dismissed application for leave to appeal in the case of Tsuu T’ina Nation v Judy Bearchief et al. This Alberta Court of Appeal case looks at whether a First Nations band could obtain or issue a final order for eviction on an Indian reserve for residents […]
Last week, the Supreme Court of Canada ("SCC") handed down R v Pritchard, [2008] 3 SCR 195, upholding the decision of the British Columbia Court of Appeal ("BCCA"). The SCC's ruling in Pritchard adds both nuance and clarity to the relationship between unlawful confinement and murder. David Pritchard was convicted of the first degree murder […]
Duncan instruction The Duncan instruction, originating from the 1981 decision of the English Court of Appeal in R v Duncan, 73 Cr App R 359, is a trial judge’s direction given to a jury where a mixed statement – containing both inculpatory and exculpatory parts – is admitted into evidence: [W]here appropriate, as it usually […]
On October 23, 2008, the Supreme Court of Canada announced that it granted leave to appeal to an unusual B.C. case that, despite a recognized need for refinement, is unlikely to significantly clarify the law of fiduciary duty. Perez v Galambos, 2008 BCCA 91 presents a fact scenario in which the relationship between the parties suffers […]
Last Friday, the Supreme Court of Canada ("SCC") released a decision that may prove to be the big catch the Canadian fishing industry was waiting for. In Saulnier v Royal Bank of Canada, [2008] 3 SCR 166, fishing licenses were held to be "property" for the purposes of the federal Banking and Insolvency Act, RSC […]
Last week former Supreme Court of Canada Justice Frank Iacobucci released the 544 page final report from his commission of inquiry into the jailing and alleged torture of three Canadians: Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin. Justice Iacobucci was charged with reviewing the nature of Canadian intelligence sharing with countries including the U.S., Syria […]
In a case that is being heralded as a major victory for anti-poverty advocates, and which may potentially redefine s. 7 Charter poverty law jurisprudence, the BC Supreme Court Ruled last week that a Victoria municipal by-law prohibiting sleeping in parks runs contrary to the Charter of Rights and Freedoms. Victoria (City) v Adams, 2008 […]
The Supreme Court of Canada ("SCC") has given leave to appeal to R v Dudley, 2008 ABCA 73, a curious case that turns on an murky technicality in criminal procedure: whether a Crown's invalid election for summary proceedings outside the limitation period effectively voids an information and precludes the Crown from re-electing. The accused in the […]