Last week, the Ontario Court of Appeal confirmed that former Toronto Maple Leafs Captain Rob Ramage will serve the four year prison term given to him at trial for impaired driving causing death and dangerous driving causing death. The convictions relate to a 2003 head-on collision that killed Mr. Ramage’s passenger in the car, former [...]

As most readers are likely aware, Omar Khadr has been held at the detention camp at Guantanamo Bay as an enemy combatant since 2002. His trial before a US military commission is scheduled for August 10 of this year. He is charged with five offences: murder in the violation of the law of war, attempted [...]

In light of allegations of police brutality at the G20 World Summit, the recently-decided case of R. v. Tran, 2010 ONCA 471 is of particular significance. Released last week, the case involved multiple grounds of appeal surrounding a stream of violent home robberies. Accused Quang Hoang Tran appealed the judicial remedy granted after his Charter [...]

Last weekend, both violent and peaceful political protestors gathered on the streets of Toronto to voice concerns surrounding the G20 World Leader’s Summit.  Smashed windows, police cars ablaze and billiard balls thrown at riot squads were all occurrences at the Summit … all within 5 metres of the security fence.  Demonstrators avoided this area after [...]

Released last week, the Federal Court decision of The Attorney General of Canada v. United States Steel Corporation 2010 FC 642 addresses the rules governing foreign investment in Canada. Meant to govern partnerships and transactions between Canadian entities and foreign investors, the Investment Canada Act (“Act”) creates a controlled climate for foreigners intending to do [...]

Last week the SCC released its decision in R. v. Conway, 2010 SCC 22. At issue in Conway was whether or not the Ontario Review Board (“ORB”) has the authority to grant remedies under s. 24(1) of the Charter. As noted by the SCC, the “wider issue [was] the relationship between the Charter, its remedial [...]

On January 22, 2010 the Canadian Human Rights Commission (“CHRC”) filed a memorandum (PDF link) with the Federal Court, appealing the decision of the Canadian Human Rights Tribunal (“CHRT”) in Warman v. Lemire, 2009 CHRT 26 (PDF link). The CHRT determined that the hate speech provisions of the Canadian Human Rights Act, R.S.C. 1985, H-6 (“CHRA”) [...]

TheCourt.ca commented recently on the SCC decision in R. v. National Post, 2010 SCC 16 where it was affirmed that the use of the Wigmore criteria was a practical method to judicially approve a promise of journalist-source confidentiality on a case-by-case basis. The purpose of this post is to briefly comment on Wigmore and a [...]

Background and Facts R. v. National Post, 2010 SCC 16 is a case stemming directly from the “Shawinigate” scandal involving former Canadian Prime Minister Jean Chrétien. According to a timeline provided by the National Post, the genesis of “Shawinigate” was the sale of a golf course and adjacent hotel by the former PM and his [...]

Introduction In light of the extraordinary staying power of the SCC’s decision in Grant—the continuous discussions, winning the title of “Judgment of the Year”, and nearly sweeping the “Ozzys”—we’ve decided to revisit the case again and ask the question: Does it even matter? Two months after Grant was released, my colleague Soloman Lam surveyed the [...]