Approaching Minority Language Educational Rights Differently: Association des parents de l’école Rose-des-vents v British Columbia (Education)

The case Association des parents de l’école Rose-des-vents v British Columbia (Education), 2015 SCC 21 [Rose-des-Vents] represents an interesting example of a new generation of issues related to minority language educational rights that Canadian courts are brought to resolve on the basis of s.23 of the Charter. This provision is “designed to correct and prevent […]

Live from the SCC: The Significance of Animal Advocates in the Court in R v DLW

On November 9, 2015, in assessing the scope of the prohibition on bestiality under s. 160 of the Criminal Code, RSC 1985, c C-46 in Her Majesty the Queen v DLW, the Supreme Court of Canada was asked, for what is believed to be the first time in Canadian history, to consider a piece of legislation […]

Canada’s Newest Justice Minister: Cautious Optimism…

The 2015 Federal Election is certainly one for the history books. Not only did Canadians witness the meteoric rise of ppro Liberal Party, which appeared to have been all but dead after its defeat in 2011; we also saw the highest voter turnout since 1993, and record-breaking increases among youth and First Nations peoples. Indeed, this […]

Canada v Esfand: The Politics of Refugee Law

With the intensification of the Syrian crisis, refugees have been much in the news lately. Refugees also became a quasi-central issue during the earlier part of the 2015 Canadian federal election campaign. The past 9 years of Conservative government have proven transformational for Canada’s refugee and immigration system, some would argue for the worst. In […]

Breaking New ‘Tertiary’ Ground? Marco Muzzo in the Shadow of St. Cloud

By now we have all heard the story of three children and their grandfather killed in a car accident in Vaughan, ON on September 27th due to the actions of an alleged drunk driver. The heart wrenching public statements made by a father who must bury all of his children and a mother who lost both […]

R v Smith: Removing Arbitrariness in the Regulation of Medical Marihuana

Introduction The regulation of medical marihuana has been a hot topic for quite some time now. More recently, the issue of how much regulation should be required went up to the Supreme Court of Canada (“SCC”) in R v Smith, [2015] 1 SCR 34 [Smith] this past June. In Smith, the SCC lightened the restrictions on […]

Live from the SCC: Steven Michael Neville v The Queen

The Supreme Court of Canada (“SCC”) has handed down a decision on Steven Michael Neville v The Queen, a criminal right of appeal case that centred around the jury’s question of whether “to kill” was the same as “to murder.” The trial judge’s instructions left the answer to this question unclear, leading to concerns that […]

Eligibility for Full Pension is Not a Relevant Factor in Calculating Termination Notice Entitlement: Ontario Court of Appeal Rules

In Arnone v Best Theratronics Ltd, 2015 ONCA 63 [Arnone], the Ontario Court of Appeal revisited the issue of damages calculation in wrongful dismissal cases. The decision confirms that courts must continue to apply the analysis from Bardal v The Globe and Mail, 24 DLR (2d) 140 (Ont HC) [Bardal] to determine what constitutes reasonable notice […]

The Limits of Exculpatory Clauses in the Commercial Leasing Context: To What Extent Can Misrepresentations be Contracted Around?

The Ontario Court of Appeal’s decision in DLG & Associates Ltd. v Minto Properties, 2015 ONCA 705 [DLG], raises important issues around the limits of "exculpatory" and "entire agreement" clauses in leasing agreements: namely, how far they can be relied upon by a landlord who knowingly withholds key information from a tenant on the state […]

Defining the Homeless’s Shelter Rights in Public Spaces: Abbotsford v Shantz

The Supreme Court of British Columbia (“BCSC”) recently released the long-awaited ruling in Abbotsford v Shantz, 2015 BCSC 1909 [Abbotsford]. Abbotsford heard both the action by the City of Abbotsford (“the City”) and the action by BC/Yukon Association of Drug War Survivors (“DWS”). The City sought a permanent injunction against the erection of shelters in […]