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.” […]
It’s not often that nation-wide securities judgments are issued in Canada. Securities regulation in Canada is polycentric in nature, such that each province is governed by its own legislation and securities commission. The Supreme Court of Canada (“SCC”) decision of Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, [Thera] is interesting because – although […]
Ass'n des parents de l'école Rose-des-vents v. British Columbia, 2015 SCC 21 [Rose-des vents] opens up a new series of questions surrounding minority language education rights guaranteed under Section 23 of the Charter. Section 23 guarantees minority language rights holders the right to have their children receive primary and secondary school instruction in English or French, giving effect to the […]
Stuart Olson Dominion Construction Ltd. v Structal Heavy Steel, 2015 SCC 43 [Structal] is the most recent case by the Supreme Court of Canada (“SCC”) on the correct interpretation and application of the trust provisions found in provincial construction lien statutes. The issue before the SCC was whether a contractor’s statutory obligation to hold a […]