One necessary implication of the growth of the administrative state—and the legislative delegation of various social and economic responsibilities to the executive—is the diffusion of human rights jurisdiction over a broad cross-section of decision-makers. To the degree that a large number of actors and tribunals make decisions with either direct or incidental effects on people’s [...]

In R. v. Katigbak, 2011 SCC 48, the Supreme Court was called on to clarify the nature and scope of the child pornography defence in s.163 of the Criminal Code of Canada, R.S.C., 1985, c. C-46 that existed before and after legislative amendment in 2005. Robert Katigbak was found with 628 images and 30 video [...]

Cargill Incorporated (“Cargill”) is a US-based company that manufactures high fructose corn syrup (“HFCS”), a low-cost substitute for cane sugar that is used as a sweetener in soft drinks. Mexico, the world’s second largest per capita consumer of soft drinks, implemented various trade barriers to protect its domestic sugar cane industry from foreign-produced HFCS. In [...]

In 1997 and again in 2007, Peter Hogg and Allison Bushell wrote about the benefits of the dialogue between Canadian courts and legislatures. This concept has been somewhat of a hallmark of Canadian jurisprudence, especially in the era of the Canadian Charter of Rights and Freedoms. However, recent statements made by the Canadian Bar Association [...]

Folks, it’s the great debate (pardon the pun) of 2008 all over again. As in 2008, the decision has been made to exclude Green Party leader Elizabeth May from participating in the televised (and widely watched) English and French leaders’ debates, to be held on April 12th and 14th. The decision was made by a [...]

Over the holidays, in a series of concurrently released decisions, the Supreme Court of Canada considered how a citizen could sue the Crown to financially recover on a wrong committed by an administrative decision maker. The question before the Court was whether one may bring the action directly, or did the lawfulness of the Crown’s [...]

Whatever Your Politics… George Galloway is an alarming man. When he is interviewed on television, renowned and regularly resolute broadcasters succumb to trembling in trepidation. Although he possesses a cheeky grin and charming Scottish lilt, he is loud, blunt, and, on occasion, exceptionally rude. Although some find the former Member of the British Parliament to [...]

Last week, the Court of Appeal for Ontario held that findings made in a disciplinary police hearing can preclude the re-litigation of the same issue in a civil trial.  In Penner v. Niagara, 2010 ONCA 616, Wayne Penner discovered that issue estoppel can apply to a seemingly dissimilar proceeding. Background and Facts In 2003, Mr. [...]

The battle for private health care in Canada has hit another roadblock after the BC Court of Appeal’s recent judgment in Cambie Surgeries Corporation v. British Columbia (Medical Services Commission), 2010 BCCA 396. Groberman J., writing for an unanimous Court, held that the Medical Services Commission (“Commission”) of British Columbia is entitled to audit private [...]

Technology giant Microsoft Corp. has made one last-ditch effort to defend a decade-long patent infringement lawsuit against a small Canadian software company, i4i Inc.  Last week, Microsoft filed a petition (PDF link) with the US Supreme Court asking for a final resolution to the dispute.  In the suit, i4i alleges that Microsoft used the small [...]