Federal prisons are run by the Correctional Service of Canada (“CSC”). To fulfill its statutory mandate of rehabilitating inmates while keeping other inmates, staff, and society safe, the CSC assigns its prisoners a risk classification, largely using quantitative tests. For inmates, being deemed “high-risk” can lead to segregation, stigmatization, and diminished chances of parole, while […]
Should an employer have the right to dismiss an unionized employee without a grievance process? What if the employer is the President of the National Assembly of Quebec? This post reviews the scope of parliamentary privilege in an employer-employee relationship, noting that if parliamentary privilege does indeed exist, the dismissal of an unionized employee is […]
The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada ("SCC"), resulting in an unclear way forward for Indigenous communities seeking to protect their Aboriginal and treaty rights during the legislative process. The case arises from the Mikisew Cree Nation’s application for judicial review of […]
In the 25 years since the introduction of the Canadian Charter of Rights and Freedoms [“Charter”], the Supreme Court of Canada (“SCC”) has become increasingly open to third-party intervenors, expanding their role within our justice system. However, new questions have arisen about the efficacy of such interventions as the Court opens its doors to more […]
Introduction The fight for pay equity has recently made headlines both around the word and here at home. In early 2018, Iceland passed legislation mandating that companies of 25 or more employees must prove that women are being paid fairly in comparison with their male counterparts or risk penalties and fines. Closer to home, the […]
This case has already been covered in detail by Nicole Daniels here. The case—and that post—focus more on the issue of who should bear liability for the costs of actions undertaken to combat infringement. This post focuses on the underlying reasons the SCC may have had in reaching their decision. Rogers Communications Inc v Voltage […]
Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, 2018 SCC 26 [Wall, 2018 SCC], examined which kinds of decision-making bodies are subject to judicial review for procedural fairness. A recent line of decisions had suggested that, under certain conditions, some private actors (such as political parties, churches, and soccer clubs) may be subject to the […]
Earlier this summer, charity and not-for-profit law hit a milestone in Canada Without Poverty v Attorney General of Canada, 2018 ONSC 4147 [Canada Without Poverty], when Justice Edward Morgan of the Ontario Superior Court of Justice (“SCJ”) ruled that s 149.1(6.2) of the Income Tax Act, RSC 1985, c 1 [ITA] is an unconstitutional violation of charities’ […]
Earlier this year, the Supreme Court of Canada (“SCC” or the “Court”) in R v Wong, 2018 SCC 25 [Wong, SCC] held that guilty pleas must be informed. This means that the accused must be aware of the nature of the allegations made against him/her, the effect of the plea, and the collateral consequences of the plea, […]
This guest post was contributed by third-year Osgoode Hall Law School student Jamie Shilton (JD, Class of 2019). No serious assessment of the Canadian criminal justice system would be complete without an observation that its normal, everyday functioning incarcerates vast and disproportionate numbers of Black and Indigenous peoples. In a recent article, Akwasi Owusu-Bempah and […]