Yesterday, after weeks of incessant prodding by Apple, I finally decided to upgrade to the latest version of iTunes. Before doing so, however, a window emerged before me with a dizzying and seemingly endless block of text. Like most people faced with an ominous set of “Terms and Conditions,” I scrolled directly to the bottom […]
A pillar of the Conservative Party of Canada’s platform in 2006 was the creation of a Parliamentary Budget Officer (here, at page 11). Having an independent officer reporting directly to Parliament on the state of the nation’s finances, the rationale goes, would help avoid budgetary excesses (like, for example, the notorious sponsorship scandal that tarnished […]
This week marks the 25th anniversary of the signing of the Canada-U.S. Free Trade Agreement. This week, U.S. Trade Representative Ron Kirk has launched an inquiry under the North American Free Trade Agreement to determine if the Nova Scotia government has offered improper subsidies to a Cape Breton paper mill. These developments reinforce the notion […]
Vexatious Litigants and Access to Justice Access to justice is a concept that is bandied around law school classrooms. The central issue is that exorbitant lawyer fees and court costs make it prohibitively expensive for lower to middle class clients to pursue their claims in court. This is one of the main criticisms of our […]
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 […]
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 […]
We have all seen how Facebook can shine a global light on local events with the help of news media. Posts that attract enough attention are reported, creating an even bigger splash online. This feedback can even amplify the impact of these events, turning a small protest into a revolution and a politician’s indiscretion into […]
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. […]
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 […]
Redefining “child”? In Ivana Levkovic v. Her Majesty the Queen, the Supreme Court will have the opportunity to define or clarify what a “child” is. Although the Criminal Code of Canada has many provisions that criminalize acts against and involving children, it does not explicitly define who can be categorized as such, nor does it […]