This case will not win a Golden Gavel any time soon; that, I can assure you. There is no crying victim or menacing villain. Had it not been for one peculiar fact, this case would be very typical of its jurisdiction. This case is unusual because the accused absconded (presumably returning to Germany), and his [...]

Iranian-born Canadian Ali Tahmourpour has finally found success with respect to his discrimination complaint at the Federal Court of Appeal (2010 FCA 192). Last week, a panel of three justices decided that, ten years ago, Tahmourpour was dismissed from the Royal Canadian Mounted Police (“RCMP”) as a result of of racial and religious discrimination. Tahmourpour [...]

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 [...]

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 [...]

(The Court returns after a week transitioning from our 2009-2010 academic-year editorial team to our summer editors. We thank our readers for their patience during this break. From May 3 through to the end of August, we move to our summer publication schedule of three postings per week [usually Mondays, Wednesdays and Fridays] with occasional [...]

In October of 2007, Matthew Shogilev and Jakki Warkentin engaged in a compelling debate over the Federal Court of Appeal’s holding in Societe des acadiens et acadiennes du Nouveau-Brunswick Inc. v. Canada 270 D.L.R. (4th) 171. The case arose as a result of the April 26, 2000 issuance of a speeding ticket to Marie-Claire Paulin, [...]

In the popular, post 9/11 imagination, “cruel and unusual punishment” means torture. That being said, the ambit of s. 12 of the Canadian Charter of Rights and Freedoms, which enshrines the right “not to be subjected to any cruel and unusual punishment” extends well beyond torture. Both the scope of s. 12 of the Charter [...]

On October 17, 2007, the SCC will hear the case Societe des Acadiens et Acadiennes du Nouveau-Brunswick Inc. v. Canada 270 D.L.R. (4th) 171, an appeal from the Federal Court of Appeal. This case deals with the Royal Canadian Mounted Police’s (RCMP) language obligations under the constitution while performing New Brunswick provincial policing work. The [...]

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 [...]