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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 cases.slaw.ca.

This week’s summaries concern:
Armed Forces – Criminal Law – Company Law – Constitutional Law – Copyright :

Armed Forces – Civil Rights – Criminal Law

Wehmeier was a former Canadian Forces member who was employed as a peer educator at a decompression centre operated by the Forces in Germany and was subject to the Code of Service Discipline (CSD). While there, he attended a beer festival where he allegedly became intoxicated and committed offences against three members of the Forces. The Director of Military Prosecutions (DMP) decided to convene a Standing Court Martial and Wehmeier was charged with sexual …

Company Law – Insurance – Shipping and Navigation

A snow crab fisherman, who was master of a fishing vessel, The Realice, cut a submarine fibre optic cable belonging to Telus Communications et al., while conducting fishing operations on the St. Lawrence River. Repair costs approached $1,000,000. Telus et al. took action in personam against the vessel owner (Peracomo Inc.) and the master, and in rem against the fishing vessel. The defendants instituted third party proceedings against their underwriters, Royal and Sun Alliance Insurance Co., who denied …

Constitutional Law 

The Government of Canada asked the court, under s. 53 of the Supreme Court Act, to answer essentially four questions: (1) Could Parliament unilaterally implement a framework for consultative elections for appointments to the Senate? (2) Could Parliament unilaterally set fixed terms for Senators? (3) Could Parliament unilaterally remove from the Constitution Act, 1867 the requirement that Senators must own land worth $4,000 in the province for which they are appointed and have a net worth of at least $4,000? and (4) What …

Copyright

In a November 2, 2012 decision (the Decision), the Copyright Board exercised its mandate under s. 70.2 of the Copyright Act to settle the terms of a licence to be granted to two broadcasters (Canadian Broadcasting Corp. (CBC) and Astral Media Inc.) by a collective society which administered reproduction rights (SODRAC). The terms of the licence reflected the Board’s view that royalties were payable with respect to ephemeral copies of works made by the broadcasters in the normal course …

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