As the two official languages of Canada, French and English form the bedrock of our legal system, and their usage is a constitutionally protected right found in both the Constitution Act, 1867 (“Constitution”) and the Canadian Charter of Rights and Freedoms (“Charter”). With such a high level of recognition and protection, one might assume the […]
Introduction In December 2018, the Supreme Court of Canada [“SCC” or the “Court”] will hear a trio of appeals that will revisit the current standard of judicial review for administrative tribunal decisions (Bell Canada, et al. v Attorney General of Canada, docket 37896; Minister of Citizenship and Immigration v Alexander Vavilov, docket 37748; and National Football […]
Introduction The Supreme Court of Canada (“SCC”) released a decision this week that paves the way for a pan-Canadian national securities regulation scheme. The decision in Reference re Pan-Canadian Securities Regulation, 2018 SCC 48 [Securities Reference] overturns an earlier ruling, Renvoi relative à la réglementation pancanadienne des valeurs mobilières, 2017 QCCA 756 by the Court […]
This case is a follow-up to TheCourt.ca’s previous analysis of this case when it was first heard before the Supreme Court of Canada in January of 2018. For many first-year law students, their introduction to tort law is rooted in the seminal British case Anns v Merton London Borough Council, [1978] AC 728 [Anns] and its Canadian […]
Introduction In two recent decisions from the Supreme Court of Canada (“SCC” or "the Court"), R v Awashish, 2018 SCC 45 [“Awashish”] and R v Gubbins, 2018 SCC 44, the SCC addressed issues of criminal procedure in the context of impaired driving proceedings. In Awashish, the issue was whether remedies through certiorari are available for […]
With the high-profile coverage of Ebrahim Toure and Kashif Ali, issues surrounding immigration detention has received increased scrutiny from public and legal communities alike. In a few weeks, the Supreme Court of Canada (“SCC”) will hear the case of Tusif Ur Rehman Chhina, a man who was held in an Albertan immigration detention facility for […]
At first glance, R v Carson, 2018 SCC 12 [Carson] is a criminal law case concerning the interpretation of section 121(1)(d) of the Criminal Code, RSC 185, c C-46 [Criminal Code]. However, the dissent in Carson reveals an important critique of Canada’s relationship with Indigenous peoples. The narrow reading of section 121(1)(d) of the Criminal Code grants First […]
Introduction On May 10, 2018, the Supreme Court of Canada [“SCC” or the “Court”] rendered its judgment for Centrale des syndicats du Québec v Quebec (Attorney General), 2018 SCC 18 [Centrale], an appeal of a provision in Quebec’s Pay Equity Act SQ 1996 [the “Act”]. Section 38 legislatively created a delay in the relief afforded to some […]
When you park your car at a hotel or restaurant, or leave it with a valet, you might not think twice about leaving the keys behind. But can a business that holds the keys to your car be considered to exercise "care and control" over it? 3091‑5177 Québec Inc (Éconolodge Aéroport) v Lombard General Insurance […]
In December 2017, the Canadian government announced changes to its Canada Summer Jobs ("CSJ") program that sparked debate over the program's constitutionality. CSJ is a funding subsidy designed to provide students with summer work opportunities. Under the program's new changes, organizations applying for the funding—small businesses, non-profits, and other community organizations—were required to check a […]