Home » 2012 (Page 11)

Amici Curae: Canada Fights Human Trafficking, Privacy vs. Freedom of Expression and Another Chapter in the Luke Magnotta Horror Story

Canada Commits to Fighting Human Trafficking As a result of mounting international pressure, Canada has finally agreed to take action to combat human trafficking. The announcement was made on Wednesday in Ottawa by the Public Safety Minister, Vic Toews. According to Toews, it has been in development in years. Since 2005, provinces have been developing […]

A Lesson in Parenting: The Battle Between The LSUC and Lee Edward Fingold

Imagine working diligently to be admitted into law school, and then, once admitted, pouring over thousands of cases, cramming them into your brain, being tested on them, and once this is all said and done, studying for two more exams, articling for ten months and finally becoming a lawyer— only to be disbarred. The thought […]

R v Maybin: A Sweeping Test of Accountability or a Standardless Sweep?

The Supreme Court of Canada's decision in R v Maybin, 2012 SCC 24 is the Court’s latest foray into causality in the context of criminal liability. The decision is arguably the Court’s most important statement of the law since R v Nette, [2001] 3 S.C.R. 488.  If anything, Maybin serves to broaden an approach to […]

Part 2: Bedford meets Backpage.com

As I explained a few weeks ago, Bedford v Canada (Attorney General), 2012 ONCA 186 [Bedford] decision asks more questions than it answers. One of those questions is how prostitution can be communicated, specifically how prostitutes (or their pimps) can solicit clients and how clients can express interest in those prostitutes. The provision in the Criminal Code, RSC 1985, […]

Amici Curiae: Anti-Bullying & Bill 13, SlutWalk's Second Year, and the Dewey & LeBoeuf Bankruptcy

Unholy Alliances? Gay-Straight Clubs, Catholic Opposition and Ontario’s Anti-Bullying Bill 13 The Canadian media has been awash with reports of support and opposition since the Ontario Minister of Education, Lauren Broten, announced the provincial government’s stance on certain amendments to the existing Education Act on May 25, 2012. Officially called the Accepting Schools Act (“ASA”), […]

Expression Trumps Privacy: UFCW v Alberta

The one-two punch of the Quebec government trying to control the student strikes and the Canadian Pacific Railway ("CPR") being threatened with back to work legislature have turned Canadian attention to the state of union workers. The rights and privileges of workers when on strike have become a constant stream of headlines. Another controversial union […]

Caught on Camera: Accused Using the Toilet in Holding Cell (R. v. Mok)

Having taken criminal law courses in law school, and having written numerous commentaries on criminal cases before the courts for TheCourt.ca, I have developed a rather strong stomach. Not much gets under my skin anymore. One case decided by a lower court in Ontario earlier this month stood out for me, though. The case of […]

Amici Curiae: Bill 78 Protests, Election Result Invalidations, and Updates on Etan Patz

Bill 78 – No Surprise It’s Having the Opposite Effect Responding to what some have coined anti protest legislation, protestors outside of Quebec have joined in on the Montreal student protest. On May 22, 2012, demonstrators in Montreal, Vancouver, Calgary, New York, and even Paris united in red to show their support for the protestors. The […]