In January 2019, the Supreme Court of Canada (“SCC”), will be hearing an appeal of Araya v Nevsun, 2017 BCCA 401 [Nevsun], which involves a group of Eritrean plaintiffs who filed a claim for damages at the Supreme Court of British Columbia (“BCSC”) against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company based in Vancouver, for gross […]
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 […]
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 […]
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’ […]
Author's Note: This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers. Introduction Myths and stereotypes about consent, women’s sexuality, and sexual assault are very much alive and well within criminal proceedings. In an attempt to mitigate the ill effects of these stereotypes, Parliament has enacted […]
TheCourt.ca is pleased to present its annual Year in Review special for 2017 (see also our 2015 and 2016 Year in Review posts). 2017 was particularly impactful for the Supreme Court of Canada ("SCC"): the Court heard heavily publicized cases in its fall session alone including Trinity Western University (Trinity Western University v Law Society […]
You would be forgiven, said Justice Rosalie Silberman Abella at Chief Justice Richard Wagner’s swearing-in ceremony, for forgetting that it is possible for men to become the Chief Justice of the Supreme Court of Canada (“SCC”). A female justice has overseen the SCC for so long that it is tempting to consider male leadership a […]
In 2011 in Saskatchewan, the complainant C.D. was 14 years old, although according to the evidentiary record he looked older (R v George, 2017 SCC 38 at para 10 [“SCC”]). He engaged in intimate activity with George, a 35-year-old female acquaintance. C.D. never complained to the authorities about the sexual encounter; rather, it came onto […]
This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in gender-based discrimination contrary to Charter section 15 for relying on stereotypes about gender and sexual assault complainants while investigating her case, resulting in her claim […]
On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview of the case’s factual and legal background ahead of the hearing. During the appeal I live-tweeted most of the proceedings, which can can be viewed on my […]