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 concern:
Criminal Law / Motor vehicles / Indians, Inuit and Métis/ :
Manitoba Métis Federation Inc. v. Canada (Attorney General) 2013 SCC 14
Civil Rights – Constitutional Law – Indians, Inuit and Métis
Manitoba entered Confederation on July 15, 1870, following the passage of the Manitoba Act, 1870. Section 31 of the Act provided for grants of land in Manitoba to Métis children. Section 32 of the Act contained quieting of title provisions to assure recognition of existing property rights. In 1981, the plaintiffs, the Manitoba Metis Federation Inc. (MMF) and 17 individuals (Métis), commenced an action for declaratory relief against Canada and Manitoba. …
R. v. J.F. 2013 SCC 12
Criminal Law – Evidence – Parties to offences – Party to conspiracy
The accused youth was convicted by a judge and jury of conspiracy to commit murder and was sentenced to an 18 month custody and supervision order. The youth appealed both conviction and sentence. The youth submitted that the trial judge erred (1) in leaving liability as a party (Criminal Code, s. 21(1)) with the jury; (2) in admitting hearsay evidence under the co- conspirator’s exception to the hearsay rule (and misdirected the jury on the application of that exception); …
Enbridge Gas New Brunswick Limited Partnership et al. v. New Brunswick (Attorney General) 2013 NBCA 34
Administrative Law – Jurisdiction of particular boards and tribunals – Energy and utility boards
Enbridge Gas et al. (the applicants) applied for a declaration that s. 4(1) of Regulation 2012-49 under the Gas Distribution Act, 1999 (N.B.) was invalid as being ultra vires.
The New Brunswick Court of Queen’s Bench, Trial Division, in a decision reported at 392 N.B.R.(2d) 363; 1016 A.P.R. 363, dismissed the application. Section 4(1) of the Regulation was intra vires. The applicants appealed. …
R. v. Blacklaws (F.O.) 2013 SCC 8
Criminal Law – Charge or count – Severing counts in an indictment
The accused was charged in one indictment with a number of offences involving two sex trade workers for offences committed 2.5 months apart. The accused approached each worker in his vehicle, asked them to purchase crack cocaine for him, drove them to a secluded area and assaulted both of them (sexually assaulted only the first worker). The trial judge dismissed the accused’s severance application, finding that the benefits of hearing all counts together outweighed any …
R. v. Bélanger (F.) 2013 SCC 7
Criminal Law – Motor vehicles – Dangerous driving
The accused was charged with dangerous driving causing death to Rostand and dangerous driving causing bodily harm to Bisson.
The Court of Quebec convicted the accused. The accused appealed. …