At issue in Mason v Canada (Citizenship and Immigration), 2023 SCC 21 [Mason] was whether “acts of violence” in s. 34(1)(e) of the Immigration Refugee and Protection Act, SC 2001, c 27 [IRPA] requires a nexus to national security, or relates only to violence broadly, in order to find a permanent resident or foreign national […]
Driving, as a licensed activity, carries certain limitations. Perhaps most important among them is the prohibition against driving while impaired. But the law cannot reach every corner of a person’s life. At a certain point, privacy interests come into play. To be a driver in Ontario is to drive a vehicle on a “highway”—that is, […]
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].
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].
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 […]
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 […]
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 […]
It's no secret that Canada’s bail system is (still) broken.
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 […]
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 […]