In December of this year, the SCC is scheduled to decide if the Canadian Human Rights Tribunal (“CHRT”) has the authority to award legal costs under the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (“CHRA”). In Mowat v. Canadian Armed Forces, 2006 CHRT 49, the complainant, Donna Mowat, alleged that while a member of [...]

For those of you who have been “taxed” at the border for alcohol, you may find the Federal Court of Appeal’s recent decision in Philip Anisman v. Canada Border Services Agency et al., 2010 FCA 52, potentially useful. Pursuant to an agreement signed between the Government of Canada and the Liquor Control Board of Ontario [...]

If the name Umar Farouk Abdulmutallab doesn’t ring a bell, you might know him better as the “Christmas Day bomber”. On December 25, Abdulmutallab managed to avoid the “rigorous” airline security in Amsterdam and boarded Flight 253 heading to Detroit with explosives strapped to his underwear. As Flight 253 began its descent towards Detroit, Abdulmutallab [...]

The Supreme Court will hear a series of seven appeals later this week to clarify a mess of case law that has grown around the juicy-sounding doctrine of collateral attack. (Coincidentally, 24 premieres this week, though I don’t expect Jack Bauer to have any involvement in this particular saga.) The fact that the Court has [...]

This month the SCC will be hearing the appeal of Dennis Manuge v. Her Majesty the Queen, 2009 F.C.R. 416. This case will be of interest to patrons of the Federal Court because it raises significant procedural issues. In particular, the SCC will have to determine whether the Federal Court has jurisdiction to hear Mr. [...]

The Supreme Court of Canada has recently announced it will deliver judgment in the application for leave to appeal in Boulter v. Nova Scotia Power Incorporated, 2009 NSCA 17. In anticipation of such judgment, it is worthwhile to re-examine the issues at stake in the decision. While much has been written on the mechanics of [...]

Last Friday, the SCC released their decision in Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12. This immigration law case gave the court an opportunity to revisit some of the principles espoused in last year’s landmark administrative law case of Dunsmuir v. New Brunswick, 2008 SCC 9. The facts and lower court decisions have [...]

Language rights, delegated powers and the constitutional culpability of the Royal Canadian Mounted Police (RCMP) are all at issue in Société des acadiens et acadiennes du Nouveau-Brunswick Inc. v. Canada. The case is on the SCC’s October docket; it is an appeal from the decision of the Federal Court of Appeal, which can be found [...]

On July 12, 2007, the SCC released a judgment dealing with the jurisdiction of the Federal Court in relation to s. 160 of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), pursuant to tax liability issues. Canada v. Addison & Leyen Ltd., 2007 SCC 33 is an appeal from the Federal Court of [...]