In Canada (Canadian Human Rights Commission v Canada (Attorney General), 2011 SCC 53, the issue originated in a human rights complaint with the Canadian Human Rights Commission (CHRC), with a claimant alleging that the Canadian Forces had discriminated against her on the ground of sex. The Tribunal awarded damages, and the claimant then applied for [...]

(The Mabior and D.C. appeals will be heard at the Supreme Court of Canada tomorrow. As the highest court prepares to hear arguments on the appropriate legal response to HIV non-disclosure, the Canadian HIV/AIDS Legal Network–an intervener in this case–has brought the intricacies of its argument to TheCourt.ca. Read Part 1 of the position the [...]

On February 8, the Supreme Court of Canada will hear Crown appeals in two cases that will determine whether and when people living with HIV are to be treated as rapists under Canadian law. In R. v. Mabior, 2010 MBCA 93, and R. v. D.C., 2010 QCCA 2289, the Manitoba and Quebec Courts of Appeal, [...]

Chief Justice McLachlin, for a unanimous Supreme Court of Canada (7-0), has confirmed that Canada’s municipal councils are entitled to consider a wide range of factors when making a decision with respect to the make-up of a particular taxation bylaw. What’s more, McLachlin CJ makes it clear that a municipal council need not provide formal [...]

Labour arbitration affords an economical, accelerated and informal mechanism to maintain peaceful industrial relations and address the economic needs of an enterprise. Arbitrators adjudicate disputes by interpreting the language of the collective agreement, hearing evidence, and determining the obligations of the employer and the union. When arbitration decisions are challenged, the legal approach taken by [...]

Do you like to try before you buy? Also known as the “Apple iTunes” case, SOCAN v Bell considers whether the 30-second preview clips made available to consumers by online music retailers constitute an exception pursuant to s. 29 of the Copyright Act, which states: Fair dealing for the purpose of research or private study [...]

They have done away with the nightmarish scenes from George Orwell’s 1984. They have done away with the unnerving language of insidious dangers around the corner. They have even done away with hypothetical scenarios involving round-the-clock surveillance of each other. The decision that the nine justices on the United States Supreme Court reached last week [...]

The Canadian Wheat Board (CWB) was a scheme created by the federal government that bought all the wheat and barley produced by farmers in Manitoba, Saskatchewan, Alberta, and some parts of British Columbia and marketed it on behalf of farmers on the international markets. Subject to limited exceptions, farmers could not sell or transport wheat [...]

At the Court  is a biweekly feature profiling appeals that are scheduled to be heard at the Supreme Court of Canada. R v DC and R v Mabior: Revising Cuerrier? The Supreme Court will be revisiting the highly contentious Cuerrier decision on February 8 when it hears R v DC and R v Mabior together. [...]

Between 2000 and 2008, under Chief Justice McLachlin’s oversight, the Supreme Court of Canada (SCC) was unanimous in its disposition of division of powers issues in 25 rulings or reference opinions. Then, after the 2009 division in Fastfrate, 2009 SCC 53, the SCC divided sharply in all six federalism rulings released in 2010. In 2011, [...]