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« Older EntriesNew International Law Blog – Legal Frontiers
I thought I’d draw Slawyers’ attention to a new student-run blog on international law, Legal Frontiers, run by law students at McGill University (my own alma mater). The site officially launched in January, and the content so far looks very interesting. Check it out and post a comment.
Posted in Blogs, Canada, Foreign Law, Human Rights, International, International Law, Legal Education, Universities | No Comments »>
Torture and state immunity: the difficult case of Zahra Kazemi
“[T]his regrettable result is a necessary consequence of Canada’s commitment to policies of international comity and reciprocity. Any time sovereign immunity is asserted, the inevitable result is that certain domestic parties will be left without legal recourse. This is a policy choice implicit in the Act itself.”
Re Canada Labour Code, [1992] 2 S.C.R. 50 at [...]
Al-Jazeera English approved in Canada
After months of deliberation, the CRTC today finally approved Al-Jazeera English for distribution in Canada, without conditions.
What’s remarkable about this decision is, well, that it’s entirely unremarkable. To all appearances, this should have been a relatively easy regulatory call: Al-Jazeera English fit squarely within the new regulatory framework announced a year ago for distribution [...]
“One generation abroad” rule for citizenship is now law
Canadian expatriates are up in arms about the recent amendment to the Citizenship Act, which came into effect on Friday, implementing a “one generation” rule limiting transmission of citizenship by Canadians born or adopted from outside Canada (section 3(3)).
Is this amendment really so terrible? Let’s consider a few examples.
Jane Canuck is born [...]
SCC grants leave in important international arbitration case
The Supreme Court of Canada announced this morning that it has granted leave to appeal the decision of the Alberta Court of Appeal in Yugraneft v. Rexx Management. This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number [...]
Posted in Alberta, Business, Canada, Contract Law, International Law, Judicial Decisions | 6 Comments »>
Science, pseudoscience, and the law
Following up on Simon’s vaccines post from earlier this week comes the encouraging news that on Thursday (happy 200, Charles Darwin) the U.S. Court of Federal Claims issued decisions in three vaccine-related test cases rejecting any causal link between vaccines and autism.
Yet, much like with the Pennsylvania victory in the battle over teaching evolution, I [...]
Ice fishing as a lottery?
Courtesy of the Northern European law firm Roschier comes news of this most alarming decision from the Finnish Supreme Court: running an ice fishing competition without a lottery licence.
Supreme Court Rules on Lottery Offence in Ice Fishing Competition Case
The Supreme Court ruled on 30 December 2008 that an ice fishing competition can constitute [...]
TVO interview on Guantanamo
For those interested in the legal challenges posed by the “war on terror”, this Friday’s broadcast of “The Agenda”, on TVOntario, will have an interview with my good friend Ben Wittes, a scholar at the Brookings Institution and author of the recent book Law and the Long War: The Future of Justice in the Age [...]
Posted in Canada, Courts, Criminal Law, Human Rights, International Law, Military Law, Miscellaneous, United States | 1 Comment »>
Recent Developments in Foreign State Immunity
The visibility and relevance of foreign state (or sovereign) immunity has grown significantly in recent years. States and state-related entities are playing a growing role in international investment and commerce, while seeking civil remedies against states in domestic courts is increasingly seen as an important tool in holding states accountable for torture or other [...]
Posted in Alberta, Canada, Charter of Rights and Freedoms, Constitutional Law, Courts, Defamation, Foreign Law, Human Rights, International Law, Judicial Decisions, Legislation, Ontario, Québec, United Kingdom | No Comments »>
A Christmas gift for administrative lawyers
December 30 update: OK, so this does seem like one of those topics only a confirmed law geek could love. But the Post (again) thinks the importance of the Court of Appeal’s decision to the general public is worth underlining in today’s editorial.
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The Ontario Court of Appeal, on December 24, released its long-awaited [...]
BCE Decision Released
The Supreme Court of Canada this morning released its reasons for judgment in BCE Inc. v. 1976 Debentureholders, 2008 SCC 69. Oddly, this doesn’t yet appear to have received much coverage in the news sites. Perhaps we’re all eager to get home early and shovel our driveways?
Having not yet finished digesting the decision, [...]
Once again, Karlheinz Schreiber
The ubiquitous Karlheinz Schreiber has lost his latest round of legal whack-a-mole. This morning, the Supreme Court of Canada rejected his application for leave to appeal the most recent court decision allowing his extradition to Germany.
Germany initially requested Mr. Schreiber’s extradition on August 27, 1999. Since then, he has sought leave to appeal [...]
Limitation periods and enforcement of international arbitral awards
The Globe and Mail’s article yesterday on the Alberta Court of Appeal decision in Yugraneft Corp. v. Rexx Management Corp. left me wondering. In Yugraneft, the Court held that an application to register and enforce a foreign arbitral award under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (a.k.a. the [...]
Posted in Alberta, Business, Canada, International Law, Legislation, Ontario | 11 Comments »>
CRTC rejects Internet “throttling” complaint
The CRTC has just released its decision in the complaint brought by the Canadian Association of Internet Providers against Bell regarding Internet “throttling” or “traffic shaping”. It rejected CAIP’s request, which turned on the specific wording of Bell’s wholsale service agreement. However, it has also announced that it will launch a proceeding to [...]
Posted in Administrative Law, Canada, Internet Law, Privacy Law | No Comments »>
Closing Gitmo
Yesterday’s widely-reported story that the Obama administration-in-waiting is already drawing up plans to close the facility at close the facility at Guantánamo Bay and try the remaining suspects in the U.S. has generated a lot of buzz. In fact, the Obama team appears to be trying to temper expectations, as last night saw further [...]
Posted in Canada, Charter of Rights and Freedoms, Courts, Criminal Law, Evidence, Human Rights, International Law, Military Law, United States | 1 Comment »>« Older Entries
