Summaries Sunday

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries are in Deportation, Sentencing, Collective bargaining, & Debtor’s relief

Canada (Minister of Citizenship and Immigraton) v. Van Bui 2012 FC 457
Aliens – Exclusion and expulsion – Deportation and exclusion of persons in Canada – Deportation or removal order – Stay of (incl. termination of stay)

Van Bui, a Vietnamese citizen, lived in Canada as a permanent resident. He was convicted for production of cannabis, and sentenced. The Immigration Division issued a removal order against him. The Immigration Appeal Division (IAD) granted Van Bui a three-year stay, subject to conditions. Further to the reconsideration of appeal before the IAD, Van Bui was …

R. v. Moase (C.A.) 2012 PESC 36
Criminal Law – Sentence – Impaired driving causing death

The accused pled guilty to driving while having an excessive blood/alcohol content and thereby causing death (Criminal Code, s. 253(1)(b)). The Prince Edward Island Supreme Court sentenced the accused to six years’ incarceration, less credit of 214 days for time (i.e., 143 days) served.

Driver Iron Inc. v. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local Union No. 720 et al. 2012 SCC 65
Labour Law – Unions – Certification – Employer groups – Registered employers’ organization – Exclusive authority to bargain collectively (incl. parties bound by collective agreement)

A matter before the Alberta Labour Relations Board concerned the interpretation of ss. 176 and 178 of the Labour Relations Code (Alta.). The Board was asked to decide whether a s. 176(1)(b) employer and a union party to a registered employers’ organization collective agreement (REO CA) governed by Part 3 of the Code could “pick and …

Newfoundland and Labrador v. AbitibiBowater Inc. et al. 2012 SCC 67
Creditors and Debtors – Debtors’ relief legislation – Companies’ creditors arrangement legislation – Unaffected obligations

At issue was whether orders made by the province under the Environmental Protection Act (N.L.) (EPA) requiring the respondent to clean up sites were monetary claims that could be compromised in corporate restructuring under the Companies’ Creditors Arrangement Act (CCAA). On the day it issued the orders, the province moved for a declaration that a claims procedure order issued under the CCAA in relation to the …