Instead of calling a fall election, the Parti Québécois government has decided, among other things, to devote resources to fighting the federal government over a court challenge to An Act respecting the exercise of the fundamental rights and prerogatives of the Quebec people and the Quebec State (commonly called Bill 99), the provincial law that outlines Quebec's rules for secession from Canada. . . . [more]
Archive for ‘Substantive Law: Judicial Decisions’
The Ontario Court of Appeal released a decision this month involving a dispute between physician residents and the University of Ottawa which again emphasizes the level of deference the courts are willing to offer educational institutions.
The plaintiffs in Aba-Alkhail v. University of Ottawa were physicians from Saudi Arabia who were completing their postgraduate medical residency at the University of Ottawa. All received some form of discipline or complaints which they attributed to discrimination based on their national origin. The university Senate dismissed the residents' appeal of their dismissal from the medical program.
Complaints were brought before the human rights . . . [more]
The Ontario Superior Court of Justice rendered a judgment on the Ikea Monkey in September and it is just as weird as you would expect. However, this decision and others dealing with the custody of animals raise questions regarding animal welfare, the move towards protective rights legislation, and the remaining roadblocks to accepting notions of animal rights under the law.
The Ikea Monkey:
Most of you will remember the story of Darwin, the macaque who escaped from his owner’s locked car last December and made his way into a Toronto area Ikea store, wearing a diaper and winter coat . . . [more]
This week the Supreme Court of Canada released the decision in Cuthbertson v. Rasouli, involving a dispute between physicians and the family members of a patient who was on life support.
Summary of the Majority Decision
The dispute involved a patient who experienced severe brain damage from an infection following the removal of a benign tumour, resulting in what the physicians called a persistent vegetative state. The patient was kept alive through life support, and the physicians wanted to stop this care over and above the objections of the patient's family members, who expressed the patient's prior expressed intention . . . [more]
The Seasonal Agricultural Workers Program (SAWP) was first established in 1966, but came under national scrutiny during the SCC labour decision in Fraser v. Ontario. The migrant workers under this program, primarily brought to Ontario from Mexico and the Caribbean, have won another small victory in a recent Health Services Appeal and Review Board (HSARB) of Ontario decision.
Kenroy Williams and Denville Clarke were under contract under the program with Chardy Produce Ltd. until Dec. 15, 2012. Within days of starting their jobs the two workers from Jamaica were in a serious motor vehicle accident on August 9, 2012 . . . [more]
with the Ontario Court of Appeal playing the role of the Red Queen in Alice in Wonderland.
See R. v. Metron Construction Corporation, 2013 ONCA 541.
A fine which bankrupts a corporation is the equivalent of a beheading.
I'm not slighting the tragedy that resulted in charges but, given what happened in Metron and why — all you need to do is read paras. 1 – 15, particularly paras. 9-15 – do you agree with the general deterrence rationale? It seems questionable, at best, to me. General deterrence of whom? (Consider the aphorism about "stupidity" in "Forest Gump".) . . . [more]
Most of us will agree that doing legal research is generally tedious (and frustrating when you get the same results over and over again no matter what search words you use, without finding anything on point !). But once in a while, you will come across a funny case which will somehow make your day a little brighter. In the post-Lord Denning era, this is a post on my recent Canadian favourites.
Contrary to Quebec, Ontario publishes the names of parties to divorce proceedings. These two, Catherine and Larry, probably wish they . . . [more]
The Quebec Court of Appeal (decision in French) recently overturned a decision of the Quebec Human Rights Tribunal (decision in English) made in 2010 which had essentially held that any decision not to train a pilot made by the U.S. Transportation Safety Administration (TSA) and Department of Homeland Security (DHS) was prima facie anti-muslim and/or anti-Arab and discriminatory. Accordingly, Bombardier could not refuse to train a pilot for a license on the basis of a U.S. DHS determination that the pilot constituted a security risk. The CBC described the original case and its ramifications here. The follow up on . . . [more]
PM announces nominee for Supreme Court of Canada
30 September 2013
Prime Minister Stephen Harper today announced the nomination of Mr. Justice Marc Nadon for the Supreme Court of Canada. Mr. Justice Nadon will replace Mr. Justice Morris Fish, who resigned from the Supreme Court of Canada effective August 31, 2013.
“I am pleased to announce the nomination of Mr. Justice Nadon, whose extraordinary body of legal work – as a longtime judge on both the Federal Court and the Federal Court of Appeal; judicial member of the Competition Tribunal; expert in maritime and transportation law with almost . . . [more]
The Ontario Court of Appeal released a decision earlier this month in Delicata v. Incorporated Synod of the Diocese of Huron, resolving a dispute between the congregation of an Anglican church in Windsor and the larger Anglican Church of Canada. The conflict originated in the Anglican Church of Canada's blessing of same-sex marriages. The congregation of St. Aidan’s voted to leave the Synod of the Diocese of Huron after the Bishop of the Synod accepted a resolution to "grant permission to clergy, whose conscience permits, to bless the duly solemnized and registered civil marriages between same-sex couples."
Although the . . . [more]
I had naively assumed that if you were pardoned for having committed, and being convicted of, a criminal offence, that was that: you and society were square and the slate was clean. An article in today's Globe and Mail, "Ottawa revokes pardon for man accused in Via train plot" by Colin Freeze, disabused me of that notion. The truth of the matter is that the clearing of the record is conditional.
Last month, the Manitoba Court of Appeal commented on the practice in some Manitoba courts of ordering charitable donations be made as a part of sentencing in criminal or other quasi-criminal proceedings.
The Court, in R. v. Choi (J.W.), 2013 MBCA 75 (CanLII) was considering an appeal of sentence by the Crown from a conviction under s. 124(1)(c) of the Immigration and Refugee Protection Act relating to the defendant's illegal employment of six foreign nationals. The sentence imposed by the lower Court was an 18-month conditional discharge including supervised probation and a condition that Choi:
Make a charitable
. . . [more]