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Archive For Entries On Constitutional Law

Grassy Narrows v Ontario: A Legal Battle Against Logging Lost, The Political Fight Continues

In Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, the Supreme Court of Canada (“SCC”) unanimously determined that Ontario has the jurisdiction under the Crown to take up land covered by the Ontario Boundaries Extension Act, SC 1912, c 40, s 2, Treaty No. 3 (1873) (“Treaty 3”), thus limiting First Nation […]

Live from the Supreme Court of Canada: The Unconstitutionality of Section 95 in R v Nur and R v Charles

On November 7, 2014, the Supreme Court of Canada (“SCC”) heard oral arguments for the case Her Majesty the Queen, et al v Hussein Jama Nur, et al [Nur] and Her Majesty the Queen, et al v Sidney Charles, et al [Charles] regarding the constitutionality of the section 95 Criminal Code, RSC 1985, c C-46 […]

7UP for Your Rights: Thibodeau v Air Canada

In what has been dubbed “the 7UP case,” a majority of the Supreme Court of Canada (“SCC”) has ruled in Thibodeau v Air Canada, 2014 SCC 67, that Michel and Lynda Thibodeau are not entitled to a damage award that would have required Air Canada to take steps to ensure compliance with the Official Languages […]

R v Conception: The Last Word Between Courts and Hospitals for Unfit Accused

Part XX.1 of Canada’s Criminal Code, RSC 1985, c C-46 [the Code], fundamentally altered the way a criminally accused person with a mental illness engages with the criminal justice system. This comprehensive new structure was a response to cases like R v Swain, 1991 1 SCR 933, in which Parliament recognized the need for a new statutory regime sensitive to the […]

Freedom of Association and Collective Bargaining Rights Face Legislative Challenge: British Columbia Teachers’ Federation v British Columbia

The government of British Columbia (BC) recently filed an appeal challenging the decision by the Supreme Court of British Columbia (“BCSC”) in British Columbia Teachers’ Federation v British Columbia, 2014 BCSC 121 (“BCTF”) which found in favour of the provincial teachers’ union. The leader of the governing BC Liberal Party, Christy Clarke, has signalled the province’s […]

Minority Language Education for Majority Students: CS Francophone du Yukon v Yukon Territory

On  26 June 2014, the Supreme Court of Canada (“SCC”) agreed to hear an appeal of Commission Scolaire Francophone du Yukon v Attorney General of the Yukon Territory, 2014 YKCA 4 [CS Francophone]. The case concerns a dispute over the control and management of the Territory’s French language education system and is the first time […]

Torture and the Limits of Sovereign Immunity: Kazemi Estate v Islamic Republic of Iran

In Kazemi Estate v Islamic Republic of Iran, 2014 SCC 62, the Supreme Court of Canada (SCC) looks at whether Canadians have the right to sue foreign governments for damages resulting from acts of torture. The SCC ultimately denied the victims’ claim for a civil action, finding that acts of torture are not exceptions to the general […]

Banks Forced to Repay Added Charges Plus Punitive Damages: Bank of Montreal v Marcotte

On September 19, 2014, the Supreme Court released its decision in Bank of Montreal v Marcotte, 2014 SCC 55 [BMO v Marcotte], and its two companion cases, Amex Bank of Canada v Adams, 2014 SCC 56, and Marcotte v Fédération des caisses Desjardins du Québec, 2014 SCC 57. The case in BMO v Marcotte was based on major banks […]

New Test for When an Appellate Court Can Raise a New Issue: R v Mian

In R v Mian, 2014 SCC 54 [Mian, SCC], the Supreme Court of Canada (SCC) attempted to strike a balance between two competing roles for appellate courts – of neutral arbiter and of justice-doer. In the process, the SCC set a new precedent for determining when an appellate court can raise a novel legal issue.

Prisoners Cannot Be Punished Twice: Canada (Attorney General) v Whaling

This past March, the Supreme Court issued a unanimous 8-0 decision on Canada (Attorney General) v Whaling, 2014 SCC 20. This ruling upholds the Charter right of prisoners not to be punished twice for the same offence. History In 1992, Parliament brought in a simplified process for accelerated parole review (“APR”) that would benefit non-violent […]