Author: Tessa Crosby

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US Military Justice System on Trial: Federal Court overturns the decision of the Refugee Protection Division to Deny an American “Draft Dodger” refugee status in Tindungan v Canada, 2013 FC 115

Jules Guiniling Tindungan joined the US army as a young man suffering from financial troubles. After a 15 month deployment in Afghanistan, he deserted his unit upon return to the US. Believing that the actions of the US military in Afghanistan were in violation of the Geneva Convention, he began researching online and came across the War Resisters Support Campaign, which assisted him in coming to Canada in June 2008. Once here, he claimed refugee protection and began speaking publicly to news outlets about his opinions on the US military. In May 2012, the Refugee Protection Division (“RPD”) denied his...

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Province of Residence is not an Analogous Ground of Discrimination: comparatively stingy Quebec child support guidelines do not violate section 15 of the Charter in Droit de la famille – 139, 2013 QCCA 15

January 2013 saw two important family law decisions disappoint the hopes of Quebec women and mothers. The hotly anticipated Quebec v A, 2013 SCC 5 decision of the Supreme Court of Canada (“SCC”) ruled that Quebec common law partners are not entitled to property division or spousal support upon the dissolution of the relationship. Earlier in the month in Droit de la famille – 139, 2013 QCCA 15 the Quebec Court of Appeal (“QCCA”) quietly held that Quebec’s lower child support guidelines would withstand constituitonal scrutiny as well. The decision was an appeal from a lower court decision which held that Quebec’s...

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The Yukon’s Open Entry Mining System Declared a Breach of the Duty to Consult with First Nations: Ross River Dena Council v Government of the Yukon 2012 YKCA 14

As Canada’s MPs return to the House of Commons today they will be greated by jingle dancers on Parliament Hill. The gathering is one of more than thirty to be held across Canada as part of a national day of action in support of the Idle No More movement. Among other things, the movement seeks to raise awareness about aboriginal rights, treaty rights and self governance. The equitable resolution of these issues is becoming more urgent as resource development becomes increasingly important to the Canadian economy. Much of the natural resources are found in treatied territory, traditional territory of First Nations, or...

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Spencer v Riesberry: Ontario Court of Appeal Affirms the Nature of a Beneficiary’s Interest in a Trust and its Status Under the Family Law Act

The parties were married and lived in a home owned by the Spencer Family Realty Trust (“SFRT”), a discretionary trust of which Spencer was a beneficiary and trustee. When the couple separated it became necessary to determine the nature of Spencer’s interest in the home for purposes of the division of property under the Family Law Act, RSO 1990, c F.3 [FLA]. In Spencer v Riesberry, 2012 ONCA 418 the Ontario Court of Appeal affirmed the lower court’s decision which held that Spencer’s contingent interest in the trust property did not qualify as an “interest” for purposes of the FLA’s definition of...

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Conrad Black Not Entitled to Make Oral Submissions Regarding the Termination of his Appointment to the Order of Canada: Black v The Advisory Council for the Order of Canada

Conrad Black has had a difficult year. The newspaper tycoon and former head of Hollinger International Inc recently finished serving a prison sentence in the United States for convictions of fraud and obstruction of justice. Having renounced Canadian citizenship in order to become a British Lord in 2001, Black returned to Canada this past May on a one-year temporary resident permit. The most recent defeat is the decision of the Federal Court in Black v The Advisory Council for the Order of Canada, 2012 FC 1234.  Black wished to make oral submissions regarding the possible termination of his appointment to...

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Charter Protection Extended to an Employee’s Reasonable Expectation of Privacy in a Work-Issued Computer in R v Cole

On October 19, 2012, the Supreme Court of Canada released its judgment in R v Cole, [2012] 3 SCR 34 [Cole]. The decision on the search and seizure of child pornography on a work-issued laptop was highly anticipated not only by criminal lawyers but those in labour and employment law as well. Although not subject to the Charter (like the court assumed school boards were), private employers are interested to know the limits and scope of an employee’s privacy interest in work property. In R v Morelli, [2010] 1 SCR 253 the court held that individuals have a reasonable expectation of privacy in...

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R v Carvery: the Nova Scotia Court of Appeal examines credit for pre-sentence custody

In R v Carvery, 2012 NSCA 107 [Carvery], the Nova Scotia Court of Appeal (“NSCA”) considered s. 719 of the Criminal Code, RSC, 1985, c C-46 [Criminal Code], a provision which establishes credit given for time served pre-sentencing.  Section 719 was amended in 2009 to limit the amount of credit judges could award offenders for time spent in custody prior to sentencing.

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Yogurt Wars: Competition over Growing Greek Yogurt Market heats up in the Federal Court

Is anyone else delighted by how greek yogurt has taken off in Canada in recent years? The fast growing market is the site of fierce competition between producers. In a recent federal court case, the big cheeses of Canadian yogurt production challenged the Minister International Trade’s decision to issue a supplementary import permit to American new comer Chobani. In Ultima Foods Inc. v Canada (Attorney General), 2012 FC 799, Canadian yogurt titans Yoplait and Danone challenged the Minister’s decision to issue two supplementary import permits to popular American Greek yogurt producer Chobani. The permits authorize Chobani to import its product...