Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (May 9 – June 11, 2014 inclusive).


Access to Information: Disclosure
John Doe v. Ontario (Finance) (Ont. C.A., Feb 24, 2012)(34828) May 9, 2014
Legislative policy options prepared in the course of government decision-making process such as those contained in the Records here, whether communicated or not, are within the meaning of “advice or recommendations” and qualify for exemption from disclosure.

Constitutional Law/Immigration: Security Certificates Regime
Canada v. Harkat (Fed. C.A., April 25, 2012)(34884) May 14, 2014
The Immigration and Refugee Protection Act regime is constitutional; in the present case, the process was fair, the Federal Court judge committed no reviewable errors in finding the ministers’ decision to declare Mr. Harkat inadmissible to Canada was reasonable.

Criminal Law: Mandatory Minimums; Aboriginal Status
R. v. Anderson (N.L. C.A., Jan 10, 2013)(35246) June 6, 2014
The Crown is not constitutionally required to consider the aboriginal status of an accused with regard to mandatory minimum sentences for impaired driving.

Professions/Employment Law/Human Rights: Mandatory Retirement
McCormick v. Faskens(B.C.C.A., July 19, 2012)(34997) May 22, 2014
An equity partner is not in an employment relationship with the partnership.

Transportation: Rates; Standard of Review
CNR v. A.G.Canada(Fed. C.A., Nov. 2, 2012)(35145) May 23, 2014
Cabinet is empowered to vary or rescind a decision of the Canadian Transportation Agency on a point of law.


Labour Law: Good Faith Bargaining
Canadian Artists’ Representation v. National Gallery(Fed. C.A., Mar. 4, 2013)(35353) May 14, 2014
Chief Justice — “The appeal is allowed, with reasons to follow.”


Crown Liability: Wrongful Convictions
There is a publication ban in this case, in the context of alleged prosecutorial liability for a wrongful conviction.
I.W.M.H. v. A.G. B.C. (B.C.C.A., Jan. 21, 2014)(35745) May 15, 2014

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