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:
Search warrants / Ojibway Treaty 3 / Repudiation of contract:
R. v. TELUS Communications Co. 2013 SCC 16
Criminal Law – Special powers – Search warrants – Validity of – General
TELUS Communications, a wireless telephone service provider, sought to quash a general warrant obliging it to produce, on a prospective daily basis, all future text messages sent and received by two TELUS subscribers that were stored in the TELUS computer database. TELUS applied to quash the warrant, arguing that the general warrant was invalid because the police had failed to satisfy the requirement under s. 487.01(1)(c) of the . . .
Keewatin et al. v. Ontario (Minister of Natural Resources) et al. 2013 ONCA 158
Indians, Inuit and Métis – Treaties and proclamations – General – Limitations on
In 1873 Canada and the Sauleau Tribe of the Ojibway Indians entered into Treaty 3 whereby the Ojibway surrendered to Canada a large tract of land, including the Keewatin Lands, situated in what became northwestern Ontario and eastern Manitoba. The Treaty contained a harvesting clause which preserved the right of the Ojibway to hunt and fish on the surrendered land subject to a “taking up” clause. That clause . . .
Brown v. Belleville (City) 2013 ONCA 148
Contracts – Performance or breach – Repudiation – What constitutes acceptance of repudiation
Under an agreement entered into in 1953 between a municipality and Sills, the municipality agreed to perpetually maintain and repair part of a storm sewer drainage system on and near Sills’ lands. Sills died in 1966. The affected lands were sold to the Pleiziers. When the Pleiziers sought in 1980 to hold the municipality to its obligations under the agreement, the municipality unilaterally repudiated the agreement. As a . . .