Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. A.B. v. Canada (Citizenship and Immigration), 2020 FC 461 (CanLII)

[30] Even at the lower end of the spectrum, procedural fairness generally requires that applicants be provided with the information on which a decision is based so they can present their version of the facts and correct any errors or misunderstandings. Procedural fairness does not, however, require that applicants be provided with all information in the possession of immigration authorities (Amiri at para 33). Furthermore, an individual’s right to have a visa application determined and to have that decision reviewed in accordance with law, including the norms of procedural fairness, may need to be balanced against the state’s duty to protect national security (Karahroudi v Canada (Citizenship and Immigration), 2016 FC 522 [Karahroudi] at para 27).

(Check for commentary on CanLII Connects)

2. S.R. v. M.G., 2020 BCPC 57 (CanLII)

[19] There is very little case law on the considerations that should apply in assessing whether a parenting time regime should continue in circumstances of those service providers who continue to work with the public during the pandemic. These include everyone from clerks at the grocery store and pharmacy, to medical professionals working in clinics and hospitals, police officers, social workers, fire officials, paramedics, etc.

[20] On the other hand, now that the virus is spreading in the community, we are exposing ourselves to the risk of contracting the virus by accessing any services, whatsoever. This includes receiving the newspaper or mail, purchasing groceries, attending at a bank, or going for a walk.

(Check for commentary on CanLII Connects)

3. R. v. Kazman, 2020 ONCA 251 (CanLII)

[18] As the public health authorities have emphasized at this time, the need for social distancing is not only a question of protecting a given individual but also the community at large. In the prison context, a COVID-19 outbreak may turn into wider community spread as prison staff return home. As we are repeatedly hearing during this pandemic, the wider the spread, the greater the pressure will be for scarce medical resources.

[19] For these reasons, and in light of all of these factors together, the applicant’s release for a limited period would not undermine a reasonable and informed person’s confidence in the administration of justice.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495 (CanLII)

[1] À l’origine, on la nomme « l’affaire de la pyrite ». Au fil du temps, elle prendra les contours d’une véritable catastrophe régionale et causera préjudice à des centaines voire des milliers de citoyens de la région de Trois‑Rivières. Certains la renommeront alors « l’affaire de la pyrrhotite ».

[2] En guise d’avant-propos, voici une description rudimentaire du problème en cause.

(Check for commentary on CanLII Connects)

* As of January 2014 we measure the total amount of time spent on the pages rather than simply the number of hits; as well, a case once mentioned won’t appear again for three months.

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