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BULLETIN: SCC Releases Decisions in R v DC, R v Mabior

This morning, the Supreme Court of Canada released the highly anticipated decisions in the cases of R v DC and R v Mabior. The release of these decisions clarifies the "significant risk of bodily harm" standard first set out in R v Cuerrier. Thecourt.ca has followed these cases extensively: the facts of the two cases and commentary can […]

Loyola High School v Courchesne: Can private denominational schools seek immunity from state-mandated courses on ethics, morality, and religion?

The presence of God in schools has been the subject of much controversy; specifically, over the past decade, Quebec has undergone a process of secularizing its education system.  In 1997, an amendment was made to the Constitution Act, 1867, which only took effect in Quebec. This amendment removed constitutional protection for denominational education in public […]

The Ontario Court of Appeal in United States v Leonard: The Expansion of Gladue and the Role of “Aboriginality” in the Law

Background Back in March 2012, TheCourt.ca highlighted an interesting case being heard by the Ontario Court of Appeal (“ONCA”). The decision in United States v Leonard, 2012 ONCA 622 [Leonard] was released on September 21, 2012. It is significant in its application of the R v Gladue, [1999] 1 SCR 688 [Gladue] principles to situations involving Aboriginal defendants outside of sentencing. […]

Yogurt Wars: Competition over Growing Greek Yogurt Market heats up in the Federal Court

Is anyone else delighted by how greek yogurt has taken off in Canada in recent years? The fast growing market is the site of fierce competition between producers. In a recent federal court case, the big cheeses of Canadian yogurt production challenged the Minister International Trade’s decision to issue a supplementary import permit to American […]