Access to Information and Advice: Interpreting the Freedom of Information and Protection of Privacy Act

In John Doe v Ontario (Finance), 2014 SCC 36 [John Doe], the Supreme Court of Canada ("SCC") provided a comprehensive explanation of a key provision of the Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31 [FIPPA]. FIPPA is a mechanism that enables individuals to request disclosure of information from government officials (information on making a request can be found here). Within the […]

The Supreme Court Clarifies Sentencing Rules: R v Summers

In 2009, the Conservative government introduced legislation called the Truth in Sentencing Act, SC 2009, c 29 (the "Act"). The Act, which came into force in 2010, amended the Criminal Code by capping the amount of credit judges were allowed to give prisoners for time served before the prisoners' trials. While it had been routine for judges to […]

Individuality and Community: Expounding the Fundamental Freedoms’ Normative Antinomy

I It has been said that the Canadian Charter of Rights and Freedoms is a liberal document. On this view, the Charter presupposes an individualistic conception of the rights-bearer. It conceives of persons as having pre-politically discrete identities and as being free, autonomous, and independent of the community. Its function is to “police the boundary that […]

Divisional Court Certifies G20 Class Actions

In early August, the Ontario Divisional Court released its decision in Good v Toronto Police Services Board, 2014 ONSC 4583. These proceedings relate to the G20 summit that was held in Toronto in June of 2010. The summit brought world leaders to the city, but also attracted a number of groups conducting demonstrations, some of […]

Random Drug and Alcohol Testing in the Workplace Given Parameters: Irving Pulp & Paper

The issue of alcohol and drug testing in the workplace is certainly a contentious one. Some readers may know anecdotally (or not so anecdotally) of its pervasiveness among oil, or related, industry workers in Alberta. The justification typically given for such policies, which may subject workers to deeply personal tests, is the dangerous nature of […]

The Reasonable Expectation of Privacy in the Information Age: R v Spencer

On June 13, 2014, Cromwell J., in R v Spencer, 2014 SCC 43, gave a ruling on whether or not Matthew David Spencer had a reasonable expectation of privacy with respect to his subscriber information. Contrary to the decision of the trial judge, Cromwell J. concluded that since “[t]he disclosure of the subscriber information will […]

The Supreme Court Confirms the Principle of Employee Protection in Quebec: Quebec v Asphalte Desjardins

The decision in Quebec (Commission des normes du travail) v Asphalte Desjardins inc., 2014 SCC 51, demonstrates the Supreme Court of Canada's support for employee protection while leaving an unclear future for Quebeckers who are employed in competitive industries. The case dealt with an employee's notice of resignation and his employer's subsequent attempt to shorten the employee's remaining tenure without […]

Guns and Butter: The Policy Consequences of Quebec v Canada

In the fall session, the Supreme Court of Canada ("SCC") is set to hear an appeal of Quebec (Attorney General) v Canada (Attorney General), 2013 QCCA 1138 [Long-Gun Registry case]. In the case, Quebec seeks a declaration of constitutional invalidity of section 29 of the Ending the Long-Gun Registry Act ("Bill C-19"). Bill C-19 permits […]

Lawyer Unsuccessful in Discrimination Claim Against Law Firm

The decision of Fasken Martineau DuMoulin LLP v British Columbia (Human Rights Tribunal), 2012 BCCA 313, previously discussed on this site, has now made its way to the Supreme Court. Canada’s highest court has confirmed the result that Mr. McCormick, an equity partner at Fasken, could not succeed in his claim of age discrimination against […]

The Law on Relocation of Children after Marital Breakdown

One of the most difficult issues in family law is deciding when to permit the "primary caregiver" parent to move with the children to a place far away from the other parent. Lawyers who work in the area tend to agree that outcomes are highly unpredictable. Ordinarily, only a small percentage of divorcing parents go […]