In the United States, one issue that gets increasingly discussed in the context of presidential elections is the potential for the elected president to make appointments to the Supreme Court. In the deeply divided American Supreme Court, even one appointment can have a significant impact on the orientation of the Court, especially when it is […]
With the upcoming federal election scheduled for October 19, 2015, the case of Frank v Canada, 2015 ONCA 536 is particularly timely. Unfortunately, the case will not be resolved in time to allow the respondents in the case and other non-resident Canadians who have lived outside of Canada for more than five years the right […]
The separation of church and State has long plagued Canada. The Supreme Court of Canada (“SCC”) recently revisited the scope of the duty of religious neutrality in Mouvement laïque québécois v Saguenay (City), 2015 SCC 16. The SCC, in allowing the appeal, prevented the Mayor of Saguenay from reciting a prayer in council meetings. While […]
The Metis and non-status Indians of Canada have fallen through the cracks of this country. Yesterday, the Supreme Court of Canada livestreamed their hearing of Harry Daniels v The Queen [Daniels], a case that may bring some relief to Canada’s “forgotten people” (in the words of Ian Cowie, one of the appellants’ witnesses). Daniels has […]
In March of 2014, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of Sabourin & Sun Group v Laiken, 2013 ONCA 530 [Sabourin] (more about this case here). A year later, the court released its decision in Carey v Laiken, 2015 SCC 17 [Carey].
Not even a week after the Supreme Court of Canada (“SCC”) released its precedent changing decision in Stuart Olson Dominion Construction Ltd. v Structal Heavy Steel, 2015 SCC 43 [Structal] pertaining to the proper interpretation of provincial construction lien statutes, the Ontario Divisional Court (“ODC”) released its latest construction lien decision in K.H. Custom Homes […]
Today marks Justice Russell Brown's official welcoming ceremony (you can watch the ceremony online here), and yet, I highly doubt Justice Brown feels welcome. His appointment has caused a flurry—no, a torrent—of public disapproval, online frustration on the politicization of the judiciary, and think-pieces on the demise of the Supreme Court of Canada ("SCC"). Some […]
R v Paterson, 2015 BCCA 205 raised an evidentiary issue concerning the confessions rule that has not previously been contemplated at the appellate level: whether the voluntariness of statements made by the accused need to be proved beyond a reasonable doubt before they can be relied upon during a voir dire on a Charter issue.
Police representatives often speak about the difficulties of soliciting information from the public about crimes that have taken place. Fear and a “don’t snitch” culture are common explanations for why this problem exists. In 2009, Kenneth Mark was gunned down after testifying as a witness in an attempted murder trial. His tragic story is a […]
In Ontario (Energy Board) v Ontario Power Generation, 2015 SCC 44 [Ontario Energy Board], the Supreme Court of Canada (“SCC”) ruled that the Ontario Energy Board (“OEB”)—a provincial statutory regulator of electricity and natural gas—properly denied Ontario Power Generation (“OPG”) its proposed rate hike on the basis that the increase was not “just and reasonable.” […]