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The Healthy Respect Between Judiciary and Executive

As we enter 2018, we begin the new year with a new Chief Justice, and an opportunity to reflect on the Rt. Hon. Beverley McLachlin’s 17 years in this role, the longest in the entire history of Canada. A well-experienced jurist, who has been on the bench since 1981, her role on the Court has had a discernible impact on the development of the Charter and its interpretation. The Charter is one of the most important national symbols of...
Posted in: Justice Issues, Substantive Law: Judicial Decisions

Conflicted Regulation in the Public Interest

Fiduciary law deals strictly with conflicts of interest. A fiduciary is not permitted to have an interest that conflicts with the duties owed to their beneficiary unless the conflict and all material facts have been disclosed and consent is obtained Sharbern Holding Inc. v. Vancouver Airport Centre Ltd ., 2011 SCC 23. Where a fiduciary benefits without consent, the fiduciary is ordinarily required to disgorge the benefit whether or not the...
Posted in: Legal Ethics

A Judicial Vision of Canada at 150 and Beyond

For most of us today, the Supreme Court of Canada is the arbiter of the most complex questions of law, and the definitive authority for morality in our democracy. It wasn’t always that way. In 1867, Canada was still largely an extension of the British Empire, and the Judicial Committee of the Privy Council in London (England, not Ontario), was still maintained for appeals until 1949. The King–Byng Affair and Balfour Declaration let to an...
Posted in: Justice Issues, Substantive Law: Judicial Decisions

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. R v Barton, 2017 ABCA 216 [1] The jury system is probably the most familiar symbol and manifestation of the Rule of Law in this country. It is enshrined in our traditions, values and the words of our foundational law, the Constitution...
Posted in: Wednesday: What's Hot on CanLII

Malicious Accusations of Lies Against a Lawyer More Than Opinion

The much anticipated appeal in Awan v. Levant was released today by the Ontario Court of Appeal. The Superior Court of Justice decision, now largely upheld on appeal, was important because it deals with defamation against a lawyer, but also provided salient points for understanding the nuance of online defamation in the modern era. Central to the plaintiff’s claim of defamation was that he was referred to as a liar by the defendant....
Posted in: Substantive Law: Judicial Decisions

The Friday Fillip: A More or Less Random Run

  For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.   MEASURING LIFE   Chapter 17 A More or Less Random Run Mitman drove her electric blue truck. In the passenger seat Rangel had her...
Posted in: The Friday Fillip

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Barry Sookman  2. Entertainment & Media Law Signal 3. Lee Akazaki  4. IPilogue  5. FamilyLLB Barry Sookman Budget...
Posted in: Monday’s Mix

Thursday Thinkpiece: Roach on Terrorism Prosecutions in Post-9/11 Canada

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. Be Careful What You Wish For? Terrorism Prosecutions in Post-9/11 Canada Kent Roach, Professor and Prichard Wilson Chair in Law and Public Policy at the University of...
Posted in: Thursday Thinkpiece

Time to Close Canada’s Worrying, Growing National Security Review and Oversight Gap

Human rights violations are always most likely to occur when no one is watching over the police, soldiers and guards who have the power and potential to commit abuses. That is certainly even more the case when secrecy is prevalent; which obviously describes the world of national security investigations and operations. That is why human rights organizations, experts and bodies – national and international – have long stressed that effective...
Posted in: Justice Issues

Finding More “Meaning” in the Future of Labour Law

We are all looking for meaning in life. For some of us that means we want to make an impact on the world. For others, it means the mass accumulation of wealth. And for some, like the Justices of the Supreme Court of Canada, it means rendering every textbook published on labour law prior to 2015 entirely obsolete. Hot on the heels of their recent decision Mounted Police Association of Ontario v. Canada (Attorney General), the Court released a...
Posted in: Substantive Law: Judicial Decisions

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, Supreme Advocacy Letter , 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) (Dec. 11, 2014 – Jan. 6, 2015 inclusive). Appeals Criminal Law: Search & Seizure; Cellphones R....
Posted in: Summaries Sunday

Citizenship Act Reforms: Unjust and Insecure

In the wake of the attacks in St-Jean-sur-Richelieu and Ottawa in October, and against the backdrop of the sudden and very terrifying rise of the Islamic State in Syria and northern Iraq this year, there is renewed fear and anxiety about terrorism, at home and abroad. The Islamic State (varyingly known as IS, ISIS and ISIL) has been responsible for unimaginable acts of cruel violence and widespread human rights abuse against women and girls,...
Posted in: Justice Issues