By now, readers are no doubt familiar with the Supreme Court of Canada’s ("SCC") July 12, 2012 release of judgments on the pentalogy of copyright cases. TheCourt.ca continues with its ongoing coverage of the cases, by considering Re:Sound v Motion Picture Association of Canada, [2012] 2 SCR 376 [Re:Sound] in this post. Along with its 4 sister-judgments […]
As a writer, there is always a desire of wanting readers to actually read your what I have spent hours pouring over, crafting intricate sentences in a way that best frame my thoughts. In the days of instant publication, getting re-tweeted constitutes a good day. This desire is tempered with the need to protect the […]
As the most recent Amici Curae post stated, this summer has definitely been the summer of the gun. In Edmonton, three armoured car guards were killed by a lone gunman on the University of Alberta campus. A daytime shooting at the Toronto Eaton Centre sent shockwaves through the city. And last week, two people were fatally […]
Summer of the Gun For those in Toronto, this has become the summer of gun violence. Just a few weeks ago, a shooting in the Eaton Centre, Canada’s largest shopping mall, sent shockwaves through the city. It left two dead and a handful of innocent weekend shoppers injured. In broad daylight, shots were fired in […]
First year criminal law teaches you that provocation is one of the most controversial defenses that you can argue in a case, and even then, it is only a partial one, useful at the most, to reduce a murder charge to manslaughter. Right from the start then, pleading provocation is a sort of last-ditch effort, […]
Growing up in a large family required frequent trips to Costco or, as it was at the time, Price Club. My mother would often do the extremely large shopping trips on her way home from work. Sometimes, however, those trips would be on the weekend – and with it came an invitation to join in […]
There is, for my money, no clearer example of the State’s coercive power over an individual than the criminal sentence. There is also, for my money, no other aspect of the Government of Canada’s legislative program that will more readily come into conflict with the Constitution than the panoply of sentencing reform provisions in the […]
Chinese Company Can Be Charged in Case Involving the Deaths of Two Temporary Workers Over the past few years, billions of dollars have been funneled into Alberta’s oil sands. The Chinese, in particular, have a voracious appetite for Canadian natural resources. While most Canadians welcome foreign investors, who inject money into the economy, build infrastructure, […]
Congress Wants the Last Word on Health Care Reform The celebrations did not last long. Before you even finish saying, the Patient Protection and Affordable Care Act, Congress has already started jostling to overturn the Supreme Court’s decision. Less than two weeks ago, the Supreme Court of the United States kept the Act intact, thereby allowing […]
As the proverb goes, when a tree falls in the forest, and no one is there to hear it, did it happen at all? When a tree hits a man while he is driving, and Quebec has a no-fault insurance law, then does that mean that, for civil liability purposes, it did not happen at […]