Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries are in Natural justice, Government pensions, Testifying in niqab, Definition of disability, & Right to counsel:
R. v. Stonefish (S.T.) 2012 MBCA 116
Criminal Law – Sentencing – Considerations on imposing sentence – Time already served
At his preliminary inquiry the accused pleaded guilty to one count of possession of cocaine for the purpose of trafficking and two counts of breach of recognizance. Eleven months following his arrest (during which time he was on remand), he was sentenced to 24 months for the drug offence and 60 days’ concurrent for the breach of recognizance charges. The sentencing judge gave the accused enhanced credit for …
Skypower CL 1 LP et al. v. Ontario (Minister of Energy) et al. 2012 ONSC 4979
Administrative Law – Natural justice – The duty of fairness – Reasonable expectation or legitimate expectation
The Minister of Energy, pursuant to the Electricity Act, directed the Ontario Power Authority (OPA) to create a Feed-In Tariff (FIT) program open to projects that produced electricity from renewable resources. The OPA issued the FIT Rules 1.0 defining a specific procedure pursuant to which applications would be received and processed for FIT contracts. The applicants filed applications pursuant to the FIT Rules 1.0 respecting …
Professional Institute of the Public Service of Canada et al. v. Canada (Attorney General) 2012 SCC 71
Government Programs – Pensions for government employees or R.C.M.P. – Entitlement – Actuarial surplus
Unions and associations representing federal government employees, the RCMP and Canadian Forces personnel sued the Government for the return of over $28 billion to their pension plans. The plaintiffs alleged that the money had been improperly taken by way of contribution holidays and/or withdrawal of surplus. . . .
R. v. N.S. et al. 2012 SCC 72
Criminal Law – Preliminary inquiry – Jurisdiction – To order witness to remove head covering (e.g., niqab)
A Muslim woman (N.S.) alleged repeated sexual assaults by her uncle and cousin (accused) when she was a child. The accused were charged with sexual offences and elected trial by judge and jury. Whenever N.S. was in public or the presence of males other than “direct” family members, her religious beliefs required that she be fully covered except for her eyes (hijab and niqab). …
De Pelham v. Hilti Canada Corp. et al. 2012 ONSC 5956
Civil Rights – Discrimination – Mental or physical disability – Disability defined
An employee filed a complaint with the Human Rights Tribunal of Ontario, claiming that the employer had discriminated against him because he was charged with a criminal offence. The Tribunal dismissed the application on the grounds that it lacked the jurisdiction to grant a remedy. The employee applied for judicial review.
The Ontario Divisional Court dismissed the application.
New Brunswick (Minister of Justice and Consumer Affairs) v. C.M. 2012 NBCA 45
Civil Rights – Right to counsel – Appointment of counsel by the court or the state – Where party unable to represent self
The New Brunswick Court of Queen’s Bench, Family Division, in decisions not reported in this series of reports, ordered that state-funded counsel be provided to C.M. and P.M., respondents in a guardianship application made under s. 56(1) of the Family Services Act (N.B.). The Minister of Justice and Consumer Affairs (N.B.) intended to appeal. A motion was brought …