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Julia Schabas

Anderson v Alberta: The SCC Revises the Test for “Impecuniosity” and Advance Legal Costs in the Era of Reconciliation

The Supreme Court of Canada (“SCC” or “The Court”) has modified the threshold of “impecuniosity” where a First Nations government seeks advance cost awards in litigation against the federal or provincial governments. In the unanimous decision of Anderson v Alberta, 2022 SCC 6 [Anderson], the Court determined that a First Nations government which has access […]

2021 at the Supreme Court: Year In Review

2021 was a momentous year for the country’s highest court as we bid adieu to the trailblazing Justice Rosalie Abella, retiring after 17 years on the Supreme Court of Canada (“SCC” or “the Court”). We witnessed the swearing in of Justice Mahmud Jamal, the first racialized puisne justice to be appointed to the SCC in […]

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).

Strom v SRNA: Nurse's Personal Social Media Posts Do Not Constitute Professional Misconduct

The COVID-19 pandemic has shocked the country in its revelation of the systemic frailties plaguing Canada’s long-term care (“LTC”) system. Individuals over the age of 70 have made up almost 90% of the country’s deaths from COVID-19, and in the first wave of the pandemic, deaths in Canadian LTC facilities accounted for 80% of the […]

R v Canfield: Unrestricted Searches of Digital Devices at the Border Declared Unconstitutional

Over the past decade, personal electronic devices (“PEDs”) such as cell phones, tablets, and laptops have become mobile security safes for individuals’ core biographical and personal information. They contain banking information, credit card numbers, health data, private correspondence, and personal photos, all locked away by a single password. Having another person, especially a government official, […]