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, SupremeAdvocacyLett@r, 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). (June 12 – July 9, 2014 inclusive).


Aboriginal Law: Title; Duty to Consult
Tsilhqot’in Nation v. British Columbia, 2014 SCC 44

The S.C.C. held:

  • aboriginal title flows from occupation in the sense of regular and exclusive use of land
  • in this case, aboriginal title is established over the area designated by the trial judge
  • B.C. breached its duty to consult.

Criminal Law: Search & Seizure; Child Porn; IP Addresses
R. v. Spencer, 2014 SCC 43
Four issues, answered as follows: (1) Police obtaining subscriber information matching the IP address from the ISP constitute a search? Yes. (2) Search authorized by law? No. (3) Evidence excluded? No, not excluded. (4) Trial judge err re fault element of “making available” offence? Yes, new trial ordered.

Labour Law In Québec: Business Closures
United Food and Commercial Workers, Local 503 v. WalMart Canada Corp.,2014 SCC 45
The arbitrator’s finding that “resiliation” of all employment contracts constituted a “prohibited unilateral change” is upheld and the matter referred back for disposition.


Civil Procedure: Recusal

Commission scolaire francophone du Yukon no. 23 v. Yukon (Procureure générale),2014 YKCA 4
There is a publication ban in this case, in the context of a recusal motion based on alleged reasonable apprehension of bias.

Family Law: Support Guidelines

Strickland v. Canada (Attorney General), 2013 FC 475

Are Federal Child Support Guidelines ultra vires the Divorce Act.

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