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 concern:
Judicial review / Informant privilege / Party to conspiracy / National security warrants / Workplace safety:
Runchey v. Canada (Attorney General) et al. 2013 FCA 16
Administrative Law – Judicial review – General – Scope or standard of review
A Review Tribunal upheld a decision by the Minister of Human Resources and Skills Development to allow the application of Runchey’s ex-spouse for a division of pension credits under the Canada Pension Plan (the Plan). The Pension Appeals Board dismissed Runchey’s appeal. Runchey applied for judicial review of the decision of the Pension Appeals Board. The central issue in the application concerned the interaction of two sets of . . .
R. v. Named Person B 2013 SCC 9
Evidence – Witnesses – Privilege – Privileged topics – Identity or location of police informants
B was promised informer confidentiality by a police force. The police force released B to a second police force, the Sûreté du Québec (SQ), for jurisdictional reasons. Several years later, the Crown sought clarification of B’s status.
The Quebec Superior Court, per Gagnon, J. (application judge), found that the first police force’s officers had promised to keep B’s identity confidential in exchange for the information he . . .
R. v. J.F. 2013 SCC 12
Criminal Law – Attempts, conspiracies, accessories and parties – Parties to offences – Party to conspiracy
The accused youth was convicted by a judge and jury of conspiracy to commit murder and was sentenced to an 18 month custody and supervision order. The youth appealed both conviction and sentence. The youth submitted that the trial judge erred (1) in leaving liability as a party (Criminal Code, s. 21(1)) with the jury; (2) in admitting hearsay evidence under the co- conspirator’s exception . . .
Canadian Security Intelligence Service Act, Re 2012 FC 1437
National Security – Investigation of security threats – Judicial control – Warrants – General
The Canadian Security Intelligence Service (CSIS) applied for warrants pursuant to s. 16 of the Canadian Security Intelligence Services Act. CSIS’s argument was that s. 16(2) only prohibited it from directing foreign intelligence assistance at [a Canadian citizen, permanent resident or corporation], but did not prohibit the naming of [a Canadian citizen, permanent resident or corporation] in a warrant, whose communications were proposed to be intercepted where . . .
Blue Mountain Resorts Ltd. v. Ontario (Minister of Labour) et al. 2013 ONCA 75
Trade Regulation – Industrial safety – General – Work area or workplace defined
A guest drowned in an unsupervised swimming pool at a large recreational resort. Section 51(1) of the Occupational Health and Safety Act required employers to notify an inspector of the occurrence where a “person” died or was critically injured from any cause at a “workplace”. The resort did not notify the inspector because the guest was not a worker. An inspector determined that the guest was a “person” . . .