statutory interpretation

Binding or Not? The SCC to Comment on Horizontal Stare Decisis in Appeal of R v Coban

The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].

Double Royalties or Users' Rights? The SCC Interprets the Copyright Act in SOCAN

In Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN], the Supreme Court of Canada (“SCC”) heard an appeal from the Federal Court of Appeal (“FCA”). The case turned on the interpretation of s. 2.4(1.1) of the Copyright Act, RSC 1985, c C-42 [the Act].

To Deport or Not to Deport, A Question of Reasonableness: SCC Grants Leave to Appeal to Mason v Minister of Citizenship and Immigration

On March 3, 2022, the Supreme Court of Canada (“SCC”) granted leave to appeal to Earl Mason, et al v Minister of Citizenship and Immigration, et al, SCC Case No 39855. This case is significant for being one of the first substantive appellate discussions of judicial review post-Vavilov (Canada (Minister of Citizenship and Immigration) v […]

Clash of the Interpretative Titans: Canada v. Canada North Group Inc.

In Canada v. Canada North Group Inc., 2021 SCC 30 [Canada v CNG], the Supreme Court of Canada (“SCC”) considered whether courts can order a super-priority charge that takes primacy over Her Majesty’s interest under s. 227(4.1) of the Income Tax Act, RSC 1985, c 1 (5th Supp.) [ITA]. The decision turned on robust statutory […]

R v Desautel: Aboriginal peoples outside of Canada may hold rights under s 35(1)

On April 23, 2021, a majority of the Supreme Court of Canada held in R v Desautel, 2021 SCC 17 [Desautel] that “the aboriginal peoples of Canada,” who hold rights under s 35(1) of the Constitution Act, 1982 [Constitution], are the modern successors of those Aboriginal societies that occupied lands now referred to as Canada […]

R v Zora: SCC renews call for restraint when setting bail conditions

It's no secret that Canada’s bail system is (still) broken.

Pioneer Corp v Godfrey: SCC Gives Umbrella Purchasers an Umbrella from Indeterminate Liability

When it comes to class action plaintiffs, the Supreme Court giveth and the Supreme Court taketh away. The Supreme Court of Canada (“SCC” or “Court”) did their taking last April, in Telus Communications Inc v Wellman, 2019 SCC 19 [Wellman], when they ruled that business customers with arbitration clauses in their contracts are ineligible to […]

Keatley Surveying Ltd v Teranet Inc: The SCC’s Crown Copyright Case

Today (March 29) the Supreme Court of Canada (“SCC”) will hear the intellectual property case of Keatley Surveying Ltd v Teranet Inc, 37863 [Keatley] about the issue of copyright in land surveys. Keatley Surveying Ltd (“Keatley”) brought a proposed class action on behalf of all land surveyors in Ontario against Teranet Inc (“Teranet”), a private […]

West Fraser Mills Ltd. v BC (Workers’ Compensation Appeal Tribunal) : Recognizing the Complexities of Workplace Safety

Courts have forever grappled with defining the legal scope of liability between various parties in society. The Supreme Court of Canada (“SCC” or the “Court”) released a decision in West Fraser Mills Ltd v BC (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 [West Fraser], which upheld a claim of workers compensation against a non-employer.

Ewert v Canada: Improving Prison Processes for Indigenous Peoples?

Federal prisons are run by the Correctional Service of Canada (“CSC”). To fulfill its statutory mandate of rehabilitating inmates while keeping other inmates, staff, and society safe, the CSC assigns its prisoners a risk classification, largely using quantitative tests. For inmates, being deemed “high-risk” can lead to segregation, stigmatization, and diminished chances of parole, while […]