Summaries Sunday: Maritime Law Book

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

This week’s summaries concern:
Chattels real v. personal/ Aliens – Naturalization / Constitutional Law – Indian defined/ Criminal Law – Sentencing:

Personal Property – General – Chattels real v. personal 

Stewart received Health Canada authorization’s to possess marijuana for his personal medical use and to cultivate marijuana for his personal use at the premises. Eleven marijuana plants were stolen from Stewart and his wife’s backyard. Stewart and his wife sued the insurer, claiming indemnification under a homeowner’s policy. The insurer denied that the plants were “personal property” under the policy, but admitted limited liability under the “extended coverage” for “landscaping”. The insurer …

Aliens – Naturalization – Right to citizenship – Child – By virtue of Canadian parent 

Kandola was born in India in 2009. An embryo, produced by the egg of an anonymous stranger and fertilized in vitro by the sperm of another anonymous stranger, was implanted in her Indian birth mother. Kandola’s guardian, a Canadian citizen, and her birth mother, were married and were registered in India as Kandola’s parents. They were also listed on her birth certificate. Her guardian applied for …

Constitutional Law – Federal jurisdiction (s. 91) – Indians and land reserved for Indians – Indian defined

The plaintiffs sought declarations (a) that Métis and Non-status Indians were “Indians” within the meaning of the expression “Indians and lands reserved for Indians” in s. 91(24) of the Constitution Act, 1867; (b) that the Queen (in right of Canada) owed a fiduciary duty to Métis and Non-status Indians as Aboriginal people; and (c) that the Métis and Non-status Indian peoples of Canada had …

Criminal Law – Sentencing – Considerations on imposing sentence – Representations of counsel

The accused pled guilty to attempted robbery and aggravated assault. He was sentenced to six years’ imprisonment. He appealed the sentence. The Manitoba Court of Appeal allowed the appeal and varied the custodial part of the accused’s sentence from six to four years’ imprisonment

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