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Archive For Entries On Jurisdiction

Mandatory Minimum Sentence for Drug Offences Struck Down by BC Provincial Court in R v Lloyd

After finding the mandatory minimum sentence for drug possession for the purpose of trafficking (contrary to s. 5(2) of the Controlled Drugs and Substances Act [CDSA]) violated s. 12 of the Charter (R v Lloyd, 2014 BCPC 0008 [Lloyd]) in January 2014, Galati J. of the Provincial Court of British Columbia has found that the […]

Yaiguaje v Chevron Corporation: Enforcing and Recognizing Foreign Judgments in Canada

In Yaiguaje v Chevron Corporation, 2013 ONCA 758 [Yaiguaje], a decision released on December 17, 2013, the Ontario Court of Appeal considered the power of Ontario courts to hear actions seeking to enforce and recognize foreign judgments in Ontario. In this context, the court also discussed the appropriateness of staying a proceeding pursuant to section 106 […]

Cutting the Wire but Not the Responsibility – Peracomo Inc v Telus

On November 15, the Supreme Court of Canada (SCC) will hear Peracomo Inc v Telus (“Peracomo”) a case where the sole officer and directing mind of a fishing company is trying to escape the consequences that stem from his deliberate decision to cut a telephone line cable. This case explicitly deals with Maritime Law. It […]

Amici Curiae: Harper nominates our next SCC Justice, and Ontario Promises to Change the Way its Jails Treat Mentally Ill Women

Harper nominates our next SCC Justice With Justice Morris Fish resigning from the bench on August 31 2013, speculation mounted on who would take his place as the next Supreme Court Justice.  Well everyone, the nomination is in.  On Monday September 30 2013, Prime Minister Harper announced that he has nominated Justice Marc Nadon to […]

An Improved Test For Complicity in War Crimes

The United Nations Convention Relating to the Status of Refugees has long played a necessary role in ensuring the security of displaced persons around the globe. The Convention also ensures that this important goal is not undermined by excluding from protection individuals who are guilty of committing atrocities. Article 1F(a) of the Convention excludes from […]

R v Punko: Issue Estoppel and the Bridge between Provincial and Federal Criminal Offences

The ability of the Crown to address issues raised generally in previous cases enables the government to effectively fight organized crime. However, the accused is entitled to the application of issue estoppel where the contentious issue has already been resolved in their favour in a prior proceeding. In R v Punko, 2012 SCC 39, the […]

Léon Mugesera: A Lesson in Trying Judicial Deference

As earlier reported in TheCourt.ca‘s Amici Curiae, infamous alleged war criminal Léon Mugesera was extradited back to Rwanda and charged with genocide planning, genocide incitement, and distribution of arms earlier this year.  This was not, however, before Mr. Mugesera made final attempts to throttle his deportation order from Canada before the Federal Court and the […]

Target v. Target? Just One Hitch Between Me and The Dollar Spot

As excitement builds for U.S retailer Target Corp.’s anticipated launch in Canada, one tiny hiccup awaits the company at the border: a trade-marks lawsuit.  Isaac Benitah, who owns Canadian retailers such as Fairweather and International Clothiers, has filed a $250-million lawsuit in the Federal Court against Target Corp. and an injunction preventing the American company […]

Breaking Up is Not so Hard to Do: The SCC Gets Over Grenier in Canada (Attorney General) v. TeleZone Inc.

On December 23, 2010 the SCC released its long-awaited decision in Canada (Attorney General) v. TeleZone Inc. 2010 SCC 62 (Telezone). This decision finally puts to rest the contentious debate over whether private law actions involving the decisions of federal administrative decision makers must be first adjudicated by way of judicial review in the Federal […]

Sibling rivalry sorted by the SCC; gives the go-ahead for McArthur’s last job in Canada (Attorney General) v. McArthur

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 […]