As the month of May is quickly coming to an end, theCourt.ca is taking a moment to reflect on the national and international events that have made headlines – from the assassination of Osama bin Laden to the federal elections in Canada (see last week's post). The former event, particularly bin Laden’s death photos, prompts […]
After hearing pleadings on 18 May, 2011, the Supreme Court is set to render a decision on the sensitive topic of education as it relates to religion, culture, and morals, once again originating from Quebec. ERC: Teaching Tolerance and Religion Quebec Style At issue in SL, et al v Commission scolaire des Chênes, et al, [2012] […]
On May 13, Chief Justice McLachlin announced the imminent retirement of Justices Ian Binnie and Louise Charron from the Supreme Court of Canada. Both departures are set to take effect at the end of August; however, Binnie has apparently agreed to remain on the Bench until his successor has been officially appointed. Retirement should come […]
In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, [2010] 1 S.C.R. 815, McLachlin C.J. and Abella J. hold that "[a]ccess to information in the hands of public institutions can increase transparency in government, contribute to an informed public, and enhance an open and democratic society. Some information in the hands of those institutions […]
On April 8, the Supreme Court of Canada ("SCC") decided in a 5-2 judgment that fresh evidence that could reasonably be expected to affect the result of a verdict was sufficient to order a new trial in "he said, she said" sexual assault cases. The majority in R. v. J.A.A., 2011 SCC 17, found that […]
This case will not win a Golden Gavel any time soon; that, I can assure you. There is no crying victim or menacing villain. Had it not been for one peculiar fact, this case would be very typical of its jurisdiction. This case is unusual because the accused absconded (presumably returning to Germany), and his […]
“We trust that AT&T won’t take it too personally,” wrote Chief Justice Roberts of the U.S. Supreme Court ("SCOTUS") regarding the outcome of a case concerning corporate privacy rights. Flowing from a spate of privacy cases at SCOTUS (most notably, Snyder v. Phelps covered by fellow Contributing Editor, Alysia Lau here and our Amici Curiae […]
Folks, it’s the great debate (pardon the pun) of 2008 all over again. As in 2008, the decision has been made to exclude Green Party leader Elizabeth May from participating in the televised (and widely watched) English and French leaders’ debates, to be held on April 12th and 14th. The decision was made by a […]
Election Bores Early last week the Harper Conservatives fell after being found in contempt of Parliament. No one (the opposition aside) seemed to care. Nevertheless it is déjà vu all over again – we have an election! Early election drama has centered on – cue sarcasm – seminal questions that cut to the core of […]
Those who have seen Louis Theroux's BBC documentary, The Most Hated Family in America, and wondered whether Westboro Baptist Church was inevitably headed for a lawsuit, were vindicated when Albert Snyder finally brought the infamous Phelps family to court after they protested at the funeral of his son. Marine Lance Corporal Matthew Snyder was killed […]