New evidence is rarely introduced or accepted at appeal courts. However, this rule of thumb could change as the Supreme Court of Canada (“SCC”) hears submissions from counsel in Barendregt v Grebliunas. It is one of three cases the SCC is hearing on child custody matters Dec. 1st and 2nd, 2021, but this one could […]
Quebec Premier Jean Charest made quite a splash last month when his government tabled Bill 94, legislation that would require anyone providing or receiving government services to do so with their face uncovered. (See coverage in the Globe, the Toronto Star, and the National Post.) The legislation takes direct aim at Muslim women who wear the […]
The metaphorical glass ceiling has closed in again. This time, it is the Olympic aspirations of female ski jumpers that has been crushed by a male-biased system that limits the opportunities for female advancement. Last Friday, the British Columbia Court of Appeal released its written reasons in Sagen v Vancouver Organizing Committee for the 2010 […]
R. v. Kapp, 2008 SCC 41, was a s. 15 Charter challenge to British Columbia's issuing of communal fishing licences to aboriginal bands. The majority of the Supreme Court decided that s. 15(2) provided a full defence to the claim, making it unnecessary to conduct a full s. 15(1) analysis. Nevertheless, McLachlin C.J. and Abella […]
This month marks the 10 year anniversary of the historic Supreme Court of Canada ("SCC") decision in Vriend v Alberta, [1998] 1 SCR 493; a defining moment in the rights of gays and lesbians in Canada. It was also a proud occasion in the history of the Women’s Legal Education and Action Fund ("LEAF"), an […]
"Why don't we appoint an aboriginal justice to the Supreme Court of Canada?" Troy Hunter, a law student at the University of Victoria, posed this question to the panel at the Canadian Constitutional Affairs Conference (CCAC) held January 17-19, 2008 in Québec City. This event was inspired by the 1961 Congrès des affaires canadiennes organized […]
[Editor's note: On January 28, 1988, the Supreme Court handed down its landmark judgment in R v Morgentaler. To mark this month's twentieth anniversary, The Court.ca has commissioned contributions from some of those involved in the case. Today, journalist and former National Action Committee on the Status of Women president Judy Rebick describes how the […]
In a very brief judgment the Supreme Court of Canada in Dickie v. Dickie, 2007 SCC 8 [Dickie, SCC], reinstated a finding of contempt against a former spouse and father who "showed an appalling disregard for orders of the court, for his support obligations to his family and for the welfare of his children" (Dickie v. […]
Introduction The Court has been given a sneak peek at the list of "top ten" decisions in the first 25 years of the Charter's history that will be revealed at today's symposium commemorating the Charter's Silver Anniversary. As readers of The Court will know, April 17, 2007 marks the 25th anniversary of the Charter; it […]
