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To Disclose or Not to Disclose: SCC Grants Leave in Transportation Safety Board of Canada v Kathleen Carroll-Byrne, et al.

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 [Carroll-Byrne], the Transportation Safety Board of Canada (“the Board”) sought to appeal the Supreme Court of Nova Scotia’s (“NSSC”) interlocutory decision (Carroll-Byrne v Air Canada, 2019 NSSC 339 [Air Canada]) to allow the conditional release of the contents of the cockpit voice recorder (“CVR”) of […]

Applying the Charter to State Actors Abroad: SCC Grants Leave in Corporal C.R. McGregor v Her Majesty the Queen

The Supreme Court of Canada (“SCC”) will refine its jurisprudence on extraterritorial applications of the Canadian Charter of Rights and Freedoms [the Charter] when it hears Corporal C.R. McGregor v Her Majesty the Queen (SCC 39543). The bench is also expected to explore the s. 8 Charter right to be secure against unreasonable search or […]

Justice Jamal: A Step in the Right Direction for the Supreme Court

“Perhaps most importantly, I have learned that it is often more important to listen than to speak.” (Parliamentary Questioning) On October 28th, 2021 the Supreme Court held a Welcoming Ceremony in Honour of the Honourable Mahmud Jamal, who was sworn into office on July 1, 2021.

Appeal Watch: Executive Authority Trenches on Legislative Protections for Post-Secondary Student Associations in Canadian Federation of Students v Ontario

In Canadian Federation of Students v Ontario, 2021 ONCA 553 [CFS 2021], the Court of Appeal for Ontario (“the Court”)  unanimously ruled that the Minister of Colleges and Universities cannot condition funding to post-secondary institutions on a student opt-out mechanism for “non-essential” ancillary fees. The Court found that this exercise of the government’s spending power […]

Sherman Estates v Donovan : Privacy Interests and the Presumption of Open Courts

In 2017, the bodies of billionaires Bernard Sherman and Honey Sherman were discovered in their home in Toronto, Ontario. Not only was the couple highly acclaimed for their philanthropism, but Barry was known for his pharmaceutical pursuits as the founder and CEO of Canadian generic drug company Apotex. Police deemed the deaths of Barry and […]

Publication bans should be put to the test in CBC v the Queen

Canadian Broadcasting Corporation v Her Majesty the Queen, et al. 38992 [CBC v the Queen] considers whether evidence not admitted as part of the record prima facie can be subject to a publication ban.This challenge resulted from the Manitoba Court of Appeal’s (“MBCA”) decision to implement a publication ban over a set of fresh evidence that […]

Law Society of Sask v Abrametz: Revisiting Delay in Administrative Proceedings

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?

The Right to be Re-Tried in a Reasonable Time: SCC Grants Leave in R c J.F.

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).

SCC to Decide Constitutionality of New Procedure for Admitting Private Records in Sexual Offences Trials

Update: On March 25, 2021, the SCC granted leave in A.S. v Her Majesty the Queen, et al. (39516), an appeal of an Ontario Superior Court decision finding ss 278.92, 278.94(2), and 278.94(3) unconstitutional. That case will be heard alongside R v J.J.   Cross-examination can be a re-traumatizing experience for complainants in sexual offences trials—not least […]

SCC Denies Leave to Appeal Vicarious Liability Finding Against St. John’s Archdiocese in Sexual Abuse Scandal

CONTENT WARNING: Childhood sexual abuse and religious institutions. Newfoundland and Labrador’s Catholic community has been plagued by legacies of sexual abuse and scandal.