Overthrowing Precedent: R v Jordan’s Impact on the Crown and the Right to a Trial Within a Reasonable Time

On July 8, 2016, the Supreme Court of Canada released R v Jordan, 2016 SCC 27 [Jordan], a decision that fundamentally changed the framework that determines whether an accused has been tried within a reasonable time under s 11(b) of the Charter. While the impact of explicitly overthrowing a well-established framework with years of precedent remains […]

Matsqui First Nation v Canada (AG): The Dangers of Mandatory Mediation

Mediation is an invaluable tool which, when used correctly, can help parties avoid the procedural obstacles and inefficiencies of the legal system through a third party mediator. However, when used incorrectly, mediation itself can become an unnecessary obstacle. In Matsqui First Nation v Canada (AG), 2015 BCSC 1409 [Matsqui], the Department of Fisheries and Oceans […]

Let’s Talk About Lacasse, Part 2: The Implications of Lacasse for the Sentencing Process

This is the second part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]

Let’s Talk About Lacasse, Part 1: Raising the Standard for Appellate Review of Sentencing Decisions

This is the first part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]

Wilson v Atomic Energy: More Than Unjust Dismissals

Much has already been written in regards to the recent decision of the Supreme Court of Canada (“SCC”) in Wilson v Atomic Energy of Canada Ltd, 2016 SCC 29 [Wilson]. It may seem surprising that it took thirty years to settle on Parliament’s intent in introducing the 1978 amendment to the Canada Labour Code, RSC […]

Prosecuting Crime at Home Secures Respect for Human Rights

The Government of Canada is acutely aware of the cost of litigation. Those costs, along with the policy and legal implications of litigation, are now the subject matter of a new Cabinet Committee on Litigation Management, chaired by Minister Dominic LeBlanc. This committee will advise federal Justice Minister Jody Wilson-Raybould, who recently suggested in a […]

The Supreme Court by Numbers 2: The McLachlin Years

This article was co-written by Richard Haigh and Victoria Peter. Part I is found here. Chief Justice Beverley McLachlin is now the longest serving chief justice in Canadian history, having held the title of Chief since January 2000 and the title of longest serving since September of 2013 (when she sailed past Sir William Ritchie’s […]

Employment Contract Can Be Unenforceable Even If It Complies with the ESA for the particular employee in the particular circumstances

In the recent decision in Garreton v Complete Innovations Inc., 2016 ONSC 1178 [Garreton], the Ontario Superior Court of Justice disagreed with the recent line of reasoning that the contract of employment, particularly the termination provision must conform to provincial employment standards legislation for the "particular employee, in the particular circumstances." Instead, the Divisional Court upheld […]

Employer is Entitled to Dismiss a Probationary Employee Without Notice and Without Giving Reasons

A recent decision of the Divisional Court in Nagribianko v Select Wine Merchants Ltd., 2016 ONSC 490 [Nagribianko v Select], appears to be somewhat of a set back to the evolving policy of the common law to provide greater fairness to those who are working toward becoming permanent employees. The Divisional Court held that during […]

A Brief Look at Osgoode’s 2015 Constitutional Cases Conference

Osgoode’s Constitutional Cases Conference is the leading constitutional law conference in Canada and a much anticipated annual event. The Conference, now in its 19th year, brings together constitutional law experts and practitioners for insightful analysis of the past year’s Supreme Court of Canada (“SCC”) constitutional judgments. There were a few novelties to this year’s event […]