In Ontario (Attorney General) v Ontario (Information and Privacy Commissioner), 2024 SCC 4 [Ontario], the Supreme Court of Canada (“SCC” or the “Court”) held that the executive branch of the Ontario government was not required to disclose mandate letters sent to Cabinet Ministers because of society’s overriding interest in preserving Cabinet secrecy. The Court struck […]
Canada’s self-defence laws, which were recently reformed to provide greater clarity for that defence, have stirred up new uncertainty. In R v Hodgson, 2022 NUCA 9, the Court of Appeal of Nunavut (“NUCA”) overturned an acquittal of a second degree murder charge stemming from an act of self-defence based on the multiple perceived legal errors […]
In Takuhikan c Procureur général du Québec, 2022 QCCA 1699, [Takuhikan], the Court of Appeal of Québec (“QCCA”) held that the governments of Canada and Québec breached their honour of the Crown obligations to a First Nation by knowingly underfunding the latter’s Indigenous police service and refusing to fund it to the same level as […]
To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 ("CCR"), see the first installment of this post here. In this follow-up article, I discuss my main takeaways from the Court's decision in CCR. As I agree with Kasirer J.'s well reasoned decision, I focus my […]
In Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 [CCR], the Supreme Court of Canada (the “Court” or “SCC”) unanimously confirmed the designation of the United States (“U.S.”) as a "safe third country" and appropriate partner with which Canada can share responsibility for considering refugee claims. The Court also took time […]