Summaries Sunday: Maritime Law Book
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:
Aliens/ Civil Rights / Constitutional Law / Criminal Law / Narcotic Control / Landlord and Tenant
Aliens – Civil Rights – Constitutional Law – Statutes
Summary: The applicants claimed that the requirement in the Citizenship Act (ss. 3(1)(c), 12(3) and 24) that they swear or affirm allegiance to the Queen in order to become a Canadian citizen was a violation of their rights to freedom of conscience and religion (Charter, s. 2(a)), freedom of expression (s. 2(b)) and equality (s. 15). They applied for declaratory relief under the Charter. The Ontario Superior Court, in a decision reported …
R. v. Godbout (T.E.) 2014 BCCA 319
Civil Rights – Criminal Law – Narcotic Control – Police
Summary: Godbout appealed his conviction for two counts of possessing controlled substances for the purpose of trafficking contrary to s. 52 of the Controlled Drugs and Substances Act. The issue on the appeal was whether the opening, search and seizure of a package that a third party arranged to have delivered to Godbout withstood Charter scrutiny. The shipping contract authorized the inspection of the package both by the shipping company …
Delane Industry Co. v. PCI Properties Corp. et al. 2014 BCCA 285
Estoppel – Landlord and Tenant
Summary: Delane Industry Co. Ltd. leased retail space. The landlord (PCI) elected to levy distress for unpaid rent. PCI seized and sold Delane’s goods, and then terminated the lease. Delane applied for a declaration reinstating the tenancy. It argued that rent distress and termination were alternate, mutually exclusive remedies and that PCI, having exercised its right of distress for unpaid rent, could not terminate the tenancy for the same breach. The question raised was whether …
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