How long is too long to wait for an administrative procedure to run its course? Has the answer changed given increasing focus on improving access to justice in the court system? Or does the COVID-19 pandemic potentially call for a total rethink of existing administrative law rules?
On March 9, 2021, the Ontario Court of Appeal (“ONCA”) ruled in favour of Ontario Nurses Association (“ONA”) and Service Employees International Union (“SEIU”) Local 1 on the pay equity case Ontario Nurses’ Association v Participating Nursing Homes, 2021 ONCA 148 [ONA v PNH]. The case was a judicial review of the Pay Equity Hearings […]
“Climate change is real. It is caused by greenhouse gas emissions resulting from human activities, and it poses a grave threat to humanity’s future” (Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 [GGPPA Reference], para 2). In the strong opening lines of the Supreme Court of Canada’s (“SCC” or “the Court”) majority reasons […]
The Supreme Court of Canada (“SCC”) (“The Court”) released their decision regarding the case of Fraser v Canada (Attorney General) 2020 SCC 28 [Fraser] in October 2020, however, the significance of this decision is noteworthy at this particular time in society, as we continue to grapple with discrimination and inequality.
The Supreme Court of Canada ("SCC") recently dismissed leave to the Federal Court of Appeal's ("FCA") decision of Her Majesty the Queen. v. Cameco Corporation, 2020 FCA 112 [Cameco]. The FCA ruled in favour of the taxpayer, Cameco Corporation (“Cameco”), and rejected the Crown's broad interpretation of paragraphs 247(2)(b) and (d) of the Income Tax […]
In Longueépée v University of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal (“ONCA”) found that the University of Waterloo (“UW”)’s failure to consider the impact of a prospective transfer student’s previously undiagnosed and unaccommodated disabilities on his prior post-secondary grades discriminated against him on the basis of disability. In making this finding, the […]
Generisches levitra online kaufen The Supreme Court of Canada (“SCC” or “the Court”) will continue to develop jurisprudence surrounding the right to be tried within a reasonable time, protected under s. 11(b) of the Canadian Charter of Rights and Freedoms [the Charter] when it hears R c J.F. (SCC 39267).
What happens to the accused when a jury is incorrectly advised, leading to the accused’s conviction? The Supreme Court of Canada (“SCC”) addresses this question in R v Riley, 2020 SCC 31 [Riley] by reaffirming the dissenting judge's reasons at the Nova Scotia Court of Appeal assessing the Vetrovec instruction and its significance within the […]
In July 2020, the Ontario Court of Appeal ("ONCA") ruled that two provisions of the Criminal Code are unconstitutional, ultimately making conditional sentences available to more offenders. In particular, the ONCA ruled that s.742.1(c) and s.742.1(e)(ii) of the Code violated Cheyenne Sharma’s section 15 right to equality on the basis of race and section 7 […]
Content Warning: This article includes depictions of sexual violence that may evoke strong emotions. Unique to criminal procedure in the common law system is the option to have a case tried before a jury. When an appellate court is tasked with reviewing a decision made by a jury, they must act with caution not to […]