R. v. Kapp, 2008 SCC 41, was a s. 15 Charter challenge to British Columbia's issuing of communal fishing licences to aboriginal bands. The majority of the Supreme Court decided that s. 15(2) provided a full defence to the claim, making it unnecessary to conduct a full s. 15(1) analysis. Nevertheless, McLachlin C.J. and Abella […]
On the Eve of Confirmation As of this writing, the full United States Senate has begun deliberating the nomination of Sonia Sotomayor to become the first Hispanic and only third female justice to serve on the U.S. Supreme Court. With a majority of senators already indicating their support for the nominee, Justice Sotomayor’s appointment is […]
The SCC has laid down new protocol for judges when handling cases dealing with tainted evidence in the four companion cases of R. v. Grant, 2009 SCC 32, R. v. Suberu, 2009 SCC 33, R. v. Harrison, 2009 SCC 34 and R. v. Shepherd, 2009 SCC 35 released recently. The decisions in these cases are predicted […]