On April 13, 2006, the Federal Court of Australia released its judgment in the case Australian Communications and Media Authority v. Clarity1 Pty Ltd [2006] FCA 410. This decision is an important step in the fight against spam in Australia, being the first successful prosecution by the regulator, Australia Communications and Media Authority (ACMA), for [...]

Former Supreme Court justice Louise Arbour has been selected as the next President and CEO of the International Crisis Group (ICG). Founded in 1995, the ICG is one of the world’s leading non-partisan think tanks on deadly international conflict. It provides governments and intergovernmental organizations like the United Nations and the World Bank with field-based [...]

Last Friday, the SCC delivered their decision in Teck Cominco Metals v. Lloyd’s Underwriter’s, 2009 SCC 11. The private international law decision dealt with Teck Cominco’s attempt to have proceedings in British Columbia stayed because of an assertion of jurisdiction over the same matter in a U.S. Court. In a unanimous decision penned by McLachlin [...]

In the age of globalization, national courts are increasingly referring to foreign jurisprudence and international law in their decision making. However, the use of foreign jurisprudence by domestic judges is not without controversy. Proponents argue that foreign jurisprudence can help with the development and interpretation of domestic law. Opponents purport that reliance on foreign jurisprudence [...]

In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latin America is no exception to this rule. Recently, in September 2007, the National Civil Court of Appeals, (“Cámara Nacional de Apelaciones en lo Civil”), rejected an injunction brought by a couple of two women that wanted to [...]

Last week former Supreme Court of Canada Justice Frank Iacobucci released the 544 page final report from his commission of inquiry into the jailing and alleged torture of three Canadians: Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin. Justice Iacobucci was charged with reviewing the nature of Canadian intelligence sharing with countries including the U.S., Syria [...]

Since I am currently “down under” visiting Sydney, Australia, I thought that this may be a good opportunity to look at a case that is presently before the Australian High Court involving Aboriginal property rights. The former Liberal federal government, lead by John Howard, implemented a compulsory five-year intervention program in the Northern Territory whereby [...]

The Globe and Mail and Toronto Star have recently commented on reports that Governor General Michaëlle Jean advised the Prime Minister to repatriate Omar Khadr. The original story appeared in La Presse on September 26, 2008. It must be emphasized that the veracity of these reports remains to be seen. However, if true, they raise [...]

The New York Times recently published an article on the waning international influence of the U.S. Supreme Court, especially with regard to constitutional law. As countries like New Zealand (whose Bill of Rights was enacted in 1990) and South Africa continue to develop jurisprudence around their young constitutional documents, they are looking increasingly less at [...]

“Development of violence among the colonized people will be proportionate to the violence exercised by the threatened colonial regime” Frantz Fannon A lot of ink has and is being spilled on upholding the legal rights of Omar Khadr in the face of the American extra-legal war on terror. Khadr has to come home to save [...]