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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. Sga’nism Sim’augit (Chief Mountain) v. Canada (Attorney General), 2013 BCCA 49 (CanLII)

[2] The Treaty is a complex, detailed and comprehensive agreement addressing all aspects of the continuing relationship between the Nisga’a Nation, Canada and British Columbia, as well as the powers of Nisga’a Government to make laws in relation to matters vital to the Nisga’a, including the preservation of Nisga’a culture, language and education, land and resources, and other matters integral to the continuing viability of the Nisga’a Nation as an Aboriginal people within Canada. Importantly, for the purposes of this appeal, the Treaty expressly recognizes that “[t]he Nisga’a Nation has the right of self-government, and the authority to make laws, as set out in this Agreement”: ch. 11, s. 1.

(Check for commentary on CanLII Connects)

2. R v. Al-Adhami, 2020 ONSC 6421 (CanLII)

[27] Another important feature of the conduct here was that it took place right in front of a police officer. A request to recant an allegation of wrongdoing against another is not usually acknowledged and publicized. But that is what happened in this case. In the bail synopsis, a careful listener or reader would have perhaps thought it odd that the attempt to have the mother “recant” was argued out in front of a police officer. But that would likely have been submerged under the indications of coercion suggested in the synopsis—the recantation, the complainant’s fear and the allegations of force. However, when those false allegations are removed, the openness of Mr. A’s approach to the police officer takes on quite a different complexion.

(Check for commentary on CanLII Connects)

3. R v Brar, 2020 ABCA 398 (CanLII)

[25] The statutory requirements of s 29 of the CEA do not require personal or first-hand knowledge of the records, and neither the English nor the French translations of the current wording contain the phrase “personal knowledge”, or “connaissance personnel”. General knowledge, and attestation based on information and belief is sufficient under s 29, and it is for the trial judge to weigh the credibility and reliability of the evidence of the affiant or witness in determining admissibility. Further, once evidence has been admitted under s 29, “as proof, in the absence of evidence to the contrary, of the… matters, transactions and accounts therein”, the ultimate determination as to the weight to be ascribed to that evidence, is for the trial judge to determine, together with all of the evidence tendered at trial.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision was Sorel-Tracy (Ville de) c. St-Sauveur, 2007 QCCS 3295

[2] Se représentant sans avocat, le propriétaire de l’immeuble, monsieur Gaétan St-Sauveur convient que le cabanon et le garage soient démolis, même si non dangereux, car « ils sont un négatif pour un acheteur ». Par contre, il s’oppose à la démolition du bâtiment résidentiel, parce que les voisins le surveillent et qu’il n’est pas dangereux. Il sollicite surtout un ultime délai pour trouver un acheteur qui lui éviterait de « tout perdre ».

(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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