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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 – Civil Rights – Criminal Law – Administrative Law – Constitutional Law – Courts – Indians, Inuit and Métis – Crown – Equity – Statutes – Arbitration – Education – Evidence – Labour Law – Practice – Family Law – Wills

R. v. Gagnon (J.G.A.) 2016 CMAC 2
Armed Forces – Civil Rights – Criminal Law
Summary: Gagnon and Thibault were charged with sexual assault. Court Martial proceedings ensued. Gagnon was acquitted. In Thibault’s case the Court Martial found that it had no jurisdiction over the charge of sexual assault because of a lack of sufficient military nexus. The Minister of Defence appealed the two decisions pursuant to s. 230.1 of the National Defence Act (NDA). Gagnon and Thibault applied to have the Minister’s appeals quashed and dismissed, arguing that the right to appeal had to be attributed to an independent prosecutor and that it was contrary to s. 7 of the Charter to confer it on the Minister. …

Daniels et al. v. Canada (Minister of Indian Affairs and Northern Development) et al. 2016 SCC 12
Administrative Law – Constitutional Law – Courts – Indians, Inuit and Métis
Summary: 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; and © that the Métis and Non-status Indian peoples of Canada had the right to be consulted and negotiated with, in good faith, by the federal government on a collective basis through representatives of their choice, respecting all their rights, interests and needs as Aboriginal peoples. …

Carvery v. Nova Scotia (Attorney General) et al. 2016 NSCA 21
Crown – Equity – Statutes
Summary: The plaintiff alleged that a probation officer sexually abused him for seven months in 1975. The plaintiff sued the probation officer and his employer, the Province of Nova Scotia, for damages for breach of fiduciary duty. The plaintiff also alleged that the Province was vicariously liable for breaches of fiduciary duty by its employee. The Province moved for summary judgment to have the claims dismissed. …

Commission scolaire de Laval et al. v. Syndicat de l’enseignement de la région de Laval et al. 2016 SCC 8
Administrative Law – Arbitration – Education – Evidence – Labour Law
Summary: The Syndicat de l’enseignement de la région de Laval (“Union”) filed a grievance with respect to the dismissal of a teacher. In the course of the inquiry into the grievance, the Commission scolaire de Laval (“Board”) objected to the examination of three commissioners who were members of its executive committee, which had decided in camera to dismiss the teacher. In the Board’s view, the motives of individual members of a collective body that underlie a decision made by the body by way of a resolution were “unknowable”, and therefore irrelevant. In addition, the executive committee’s members were shielded by deliberative secrecy from being compelled to testify regarding their in camera deliberations. …

Lymer (Bankrupt), Re 2016 ABCA 32
Practice
Summary: Lymer, a bankrupt, filed numerous applications and appeals in a bankruptcy matter, including making repeated requests that the Registrar recuse himself or be removed from his role. The Alberta Court of Queen’s Bench, on its own motion, in a decision reported 601 A.R. 165, declared Lymer to be a vexatious litigant pursuant to s. 23.1(1) of the Judicature Act. Lymer appealed. …

R. v. McMillan (B.W.) 2016 MBCA 12
Civil Rights – Criminal Law
Summary: The accused pleaded guilty to a charge of intentionally discharging a firearm into a place knowing that or being reckless as to whether another person was in that place (Criminal Code, s. 244.2(1)(a)). There was a mandatory minimum sentence of four years for that offence. The issue of sentencing was adjourned to allow the accused to pursue an application challenging the constitutionality of the mandatory minimum sentence pursuant to s. 12 of the Charter (i.e., the provision respecting cruel and unusual punishment). …

Spence Estate, Re 2016 ONCA 196
Civil Rights – Family Law – Wills
Summary: VS asked the court to set aside her father’s will. The deceased’s will disinherited her and benefited her sister, DS, and DS’ two children. VS claimed that the disinheritance was racially motivated; therefore, the will was void for public policy reasons and should be set aside resulting in an intestacy. An intestacy under the Succession Law Reform Act in Ontario would result in the two sisters sharing the estate equally. The BMO Trust Co., in its capacity as Estate Trustee, opposed VS’s request for relief. …

 

 

 

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