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Blurring the Line between Religion & State: A Case Example

In light of what is going on across the pond these days, it behooves us to pay attention to what happens where you fail to separate state and religion. Though to be honest, when your head of state also serves as Supreme Governor of the Church of England, such an exercise might be somewhat difficult. [...]

Bil’in and Yassin v. Green Park International Ltd. : Quebec Court Acknowledges War Crimes as Potential Basis for Civil Liability, Claim Ultimately Fails on Forum Non Conveniens

On September 18, the Superior Court of Quebec released its decision in the novel and intriguing case of Bil’in (Village Council) v. Green Park International Ltd., 2009 QCCS 4151. The plaintiffs sought to claim against a Quebec corporation and its sole director for participating in war crimes allegedly committed in the West Bank. However, Superior [...]

United Kingdom enters the ‘Supreme Court Club’: a lesson for Canada?

As mentioned in TheCourt.ca’s first Amici Curaie, today heralds historic changes to the United Kingdom justice system: installed in their swanky new digs, by the time this article goes to print the Supreme Court of the United Kingdom will have already opened. The new Constitutional Reform Act 2005, 2005 C. 4, (the CRA) goes beyond [...]

Boulter v. Nova Scotia Power Inc.: Challenging our own Stereotypes

The Supreme Court of Canada has recently announced it will deliver judgment in the application for leave to appeal in Boulter v. Nova Scotia Power Incorporated, 2009 NSCA 17. In anticipation of such judgment, it is worthwhile to re-examine the issues at stake in the decision. While much has been written on the mechanics of [...]

Chile’s Constitutional Court Strikes Down Mandatory Free Legal Advice

The avarice of lawyers seems to be a widely-shared belief. Not in vain has the so-called legal profession received too many critiques around the world, being as they are often the most radical adversaries of the lower classes. I still remember a cartoon I once saw which said: “Little money… little law,” evidently suggesting (and [...]

Friday’s Supreme Court of Canada Judgments: For Civil Libertarians, Like a Breath of Fresh Air

On Friday the Supreme Court of Canada released judgments in four eagerly awaited criminal Charter cases: R. v. Grant, 2009 SCC 32; R. v. Harrison, 2009 SCC 34; R. v. Shepherd, 2009 SCC 35; and R. v. Suberu, 2009 SCC 33.
Although much of the media coverage has focused on the results, ultimately the Court found [...]

Defamation, Media Privilege and the Charter: Cusson v. Quan and Grant v. Torstar Corp - Part 1

(Part 1 of 3)
Introduction
The Supreme Court of Canada is in the midst of a little spring cleaning in the law of defamation.
Cusson v Quan was a case concerning an Ontario provincial police officer who on his own initiative travelled to New York City following the events of September 11, 2001, to assist in rescue efforts. [...]

Recent Important Decision by the Argentine Supreme Court on Freedom of Association and Political Parties

On March 17, 2009, the Supreme Court of Argentina ruled that the “Partido Nuevo Triunfo” cannot be recognized as a political party. The issue had been heard in the lower court, the “Cámara Nacional Electoral” - which rules on issues regarding political parties and elections – that “Partido Nuevo Triunfo” had tried to get recognition [...]

Same Sex Marriage in Argentina

In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latin America is no exception to this rule. Recently, in September 2007, the National Civil Court of Appeals, (“Cámara Nacional de Apelaciones en lo Civil”), rejected an injunction brought by a couple of two women that wanted to [...]

Catholics vs. Protestants – Birth and Tax: a Case of Religious Discrimination?

The relationship between church and state is attracting increased attention in Denmark and the relationship between the Danish Protestant State Church and other religious group in Denmark is often intensely debated. The Protestant State Church comprises 82 percent of the Danes whereas e.g. the Catholic faith is a minority religion - comprising some ½ [...]