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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

In December of this year, the SCC is scheduled to decide if the Canadian Human Rights Tribunal (“CHRT”) has the authority to award legal costs under the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (“CHRA”). In Mowat v. Canadian Armed Forces, 2006 CHRT 49, the complainant, Donna Mowat, alleged that while a member of [...]

For those of you who have been “taxed” at the border for alcohol, you may find the Federal Court of Appeal’s recent decision in Philip Anisman v. Canada Border Services Agency et al., 2010 FCA 52, potentially useful. Pursuant to an agreement signed between the Government of Canada and the Liquor Control Board of Ontario [...]

If the name Umar Farouk Abdulmutallab doesn’t ring a bell, you might know him better as the “Christmas Day bomber”. On December 25, Abdulmutallab managed to avoid the “rigorous” airline security in Amsterdam and boarded Flight 253 heading to Detroit with explosives strapped to his underwear. As Flight 253 began its descent towards Detroit, Abdulmutallab [...]

The Supreme Court will hear a series of seven appeals later this week to clarify a mess of case law that has grown around the juicy-sounding doctrine of collateral attack. (Coincidentally, 24 premieres this week, though I don’t expect Jack Bauer to have any involvement in this particular saga.) The fact that the Court has [...]