Before being born again, Bill Whatcott had it rough: by 14 he was living on the streets, selling himself to older men to survive, sniffing glue to get by. His religious rebirth transformed him into an outspoken member of the Christian Truth Activists. The religious teachings he chooses to preach in this new life do [...]

In September, I wrote my first post on this site on the occasion of the tenth anniversary of the first appearance of the word “internet” in the Court’s jurisprudence. In that post I offered some commentary and analysis on the Court’s engagement with the internet age thus far and how it has impacted its reasoning. [...]

Introduction This past Tuesday, the Supreme Court of Canada heard the appeal from R. v. J.Z.S., 2008 BCCA 401, a case involving the validity of several provisions of the Criminal Code, R.S.C. 1985, c. C-46, concerning testimony by children. After hearing the appellant’s argument, the Court cut off the hearing and unanimously rejected the appeal. Chief [...]

Introduction The Supreme Court’s recent decision in R. v. Legare, 2009 SCC 56 finally gives true efficacy to Parliament’s Bill C-22 and the Criminal Code amendment to combat child luring. By denying the defense that there had been no intention to commit the underlying offence and by prosecuting any facilitative behaviour, s. 172.1 fortunately and [...]

When families break down, Canadian courts are often charged with the difficult and unenviable task of determining custodial and access arrangements in the “best interests” of an affected child. Ontario’s Child and Family Services Act, R.S.O. 1990, c. C.11, provides a number of relevant factors to be considered in making such determinations, one of which [...]

On Friday, the Supreme Court released judgment in the malicious prosecution case Miazga v. Kvello Estate, 2009 SCC 51, long-awaited by the parties involved as final resolution to the bizarre and heartbreaking judicial saga once termed Saskatchewan’s “Scandal of the Century”. The decision is also much-anticipated by my fellow editors at TheCourt.ca, who have previously [...]

The Supreme Court is scheduled to hear relatively few appeals this November, although one of the most closely watched is certain to be Hardy Broome et. al. v. Government of PEI and PEI Protestant Children’s Trust, 2009 PECA 01. The case considers the controversial possibility that governments may owe a duty of care to orphans [...]

The Supreme Court of Canada has recently announced it will hear Craig Bartholomew Legare v. Her Majesty the Queen on October 15, a week from today. The case concerns a 32 year old male who was charged with luring a child by means of a computer system and of an invitation to sexual touching. The [...]

The SCC’s recent decision in A.C. v. Manitoba, 2009 SCC 30, further makes clear that where children’s self-determination rights under the Charter are concerned, age limits to activate those rights are at least in some cases constitutionally valid. Unfortunately, that is about all it makes clear: A.C. is a decision that avoids confrontation with any [...]

The Constitutionality of Compelling Medical Treatment of Children On Friday, the Supreme Court of Canada released judgment in A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30, a case which navigates the complicated interplay of a mature minor’s right to autonomous decision-making and the state’s responsibility to keep vulnerable children from harm. [...]