Home » 2009 » March (Page 2)

R v Khawaja: The Sentencing of a Terrorist in Canada

Last Thursday, Mohammad Momin Khawaja became the first person in Canada to be sentenced under the Anti-terrorism Act, SC 2001, c 41, which was pushed through Parliament in response to the 9/11 attacks in the United States.

Separation Agreements: A Blessing or a Curse for Women?

Womens' Rights groups including the Legal Education Action Fund (LEAF), who intervened in the decision, are rejoicing at the Supreme Court of Canada's decision in Rick v Brandsema, 2009 SCC 10 [Rick]. The top court overturned the BC Court of Appeal decision awarding Nancy Rick, compensation amounting to $650,000 based in part on the exploitative tactics […]

Ermineskin Indian Band and Nation v Canada: No Trust in the Crown

The recent SCC decision in Ermineskin Indian Band and Nation v Canada, 2009 SCC 9, found that the Crown does not have an obligation to invest oil and gas royalties received on behalf of the Ermineskin Nation and the Samson Nation (the "Bands"). This case is significant because the Bands claimed deprivation of hundreds of […]

Dunsmuir's Standard of Review Analysis, One Year Later: Canada v Khosa

Last Friday, the Supreme Court of Canada ("SCC") released their decision in Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 [Khosa]. This immigration law case gave the court an opportunity to revisit some of the principles espoused in last year’s landmark administrative law case of Dunsmuir v New Brunswick, 2008 SCC 9 [Dunsmuir]. The facts and lower […]

A Tribute to Bertha Wilson

Justice Abella's remarks were delivered at a reception held in Convocation Hall at Osgoode Hall, on February 24, 2009, to honour the late Bertha Wilson and introduce 'Reflections on the Legacy of Justice Bertha Wilson', edited by Jamie Cameron (Toronto: LexisNexis Ltd., 2008). TheCourt.ca is extraordinarily pleased to be reproducing this poignant tribute. This event […]

Li: Mental Disorders and Criminal Responsibility

The verdict in the horrific Greyhound bus slaying case is expected today. The trial ended yesterday with both the Crown and the Defense seeking that the accused, Vince Li, be found not criminally responsible by reason of mental disorder.

The Times, They Are A-Changing: SCC Webcasts are Now Online

On February 9, 2009, the Supreme Court implemented its "Policy for Access to Supreme Court of Canada Court Records." For Supreme Court enthusiasts, the policy is a truly exciting one: the Court's website will now provide access to appeal factums (filed on or after February 9, 2009), and, even more monumental, webcasts of its appeal […]

Blue Line Hockey Acquisition v Orca Bay Hockey: A Shutout for Partnerships

Attention all hockey fans! The British Columbia Court of Appeal ("BCCA") recently released a decision involving the Vancouver Canucks, a team in the National Hockey League. Blue Line Hockey Acquisition Co, Inc v Orca Bay Hockey Limited Partnership, 2009 BCCA 34, looks at the nature of a partnership in the context of one’s purchase of […]

For Richer or Poorer: Duty to Disclose in Separation Contracts

On February 19th, the Supreme Court of Canada ("SCC") released its decision in Rick v Brandsema, 2009 SCC 10 [Rick], in which it clarifies some issues arising out of an earlier SCC decision, Miglin v Miglin, [2003] 1 SCR 303 [Miglin].