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:
Labour Law / Civil Rights / Criminal Law / Constitutional Law / Indians, Inuit and Métis
Labour Law
Summary: On April 29, 2005, Wal-Mart Canada Corp. (Wal-Mart) closed its store in Jonquière, Quebec. The closure, which had been announced the day an arbitrator was appointed to resolve an impasse in negotiations for a first collective agreement with the union certified for that establishment, led to a series of proceedings based on various sections of the Labour Code, C.Q.L.R., c. C-27 (Code), and the Act respecting labour standards, C.Q.L.R., c. N-1.1. An arbitrator concluded that the resiliation …
Civil Rights – Criminal Law – Police
Summary: The British Columbia Supreme Court, sitting without a jury, convicted Mann of multiple charges relating to a kidnapping: see [2012] B.C.T.C. Uned. 1265. The principal trial issue was whether Mann was the “third kidnapper”. Mann appealed the conviction on three grounds: (a) the trial judge erred in ruling that Mann’s election to be tried by a judge without a jury survived the recommencement of the proceedings within one year of the Attorney …
Constitutional Law – Indians, Inuit and Métis
Summary: In 1873 Canada and the Chiefs 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 allowed the Government of the Dominion …
Civil Rights – Courts – Criminal Law – Crown – Practice – Statutes
Summary: The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) alleged that the B.C. Lottery Corporation (BCLC) was non-compliant with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the Act), as a result of the deficiencies identified in its audit. The Director of FINTRAC affirmed the Notice of Violation and issued a monetary penalty against BCLC. BCLC appealed. The media (CBC) filed requests with …
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