In the Supreme Court of the United States decision of Kansas v. Marsh Justice Antonin Scalia stated,

It should be noted at the outset that the dissent does not discuss a single case-not one-in which it is clear that a person was executed for a crime he did not commit. If such an event had occurred in recent years, we would not have to hunt for it; the innocent’s name would be shouted from the rooftops by the abolition lobby.

The court was considering the constitutionality of the death penalty in the Kansas, where the statute specifically provided for this . . . [more]

Those following the US antitrust litigation against Apple and five of the big publishers in respect of ebook pricing by now will have seen Judge Cote’s decision to deny the defendants’ motion to dismiss the class action suit by consumers. The Opinion & Order, In Re Electronic Books Antitrust Litigation 11 MD 2293 (DLC) makes for quite interesting reading. I read a PDF of the Opinion last night, and the Opinion’s also been uploaded to Scribd.

It’s been a long while since I’ve read one of these, but it’s evident from the Opinion that Judge Cote had no difficulty . . . [more]

The Quebec Court of Appeal recently rendered a decision clarifying the restriction set out at section 128(1)(a) of the Act respecting the Barreau du Quebec (“Act”), which reads:

128. (1) The following acts, performed for others, shall be the exclusive prerogative of the practising advocate or solicitor:

(a) to give legal advice and consultations on legal matters; […]

According to this section and in order to ensure the protection of the public, certain acts are reserved for lawyers called and registered with the Bar. The illegal exercise of the legal profession reserved to lawyers constitutes a penal offence. Unless a . . . [more]

While significant in clarifying the defence of necessity in criminal law, Regina v. Dudley and Stephens has had an even larger cultural influence.

That’s the case of the Mignonette, which capsized on its way to Australia and whose shipwrecked crew faced tough choices in an under-provisioned lifeboat.

The latest NYT Best Seller list features a new book The Lifeboat by Charlotte Rogan – the author tells that her inspiration came from her husband’s criminal law text.

What hooked me was stumbling on my husband’s old criminal law texts and reading about the cases of sailors who survived shipwrecks and then

. . . [more]

Victor Willis, lead singer of the Village People, that camp disco-era singing group, has won an important victory in a California court. Willis wrote YMCA and other hit tunes performed by the group, the copyright to all of which wound up in music companies, as is so often the case for musicians starting out. However, US copyright law was revised in 1978 to include “termination rights,” a provision enabling creators to resume ownership of the copyright after 35 years. Despite various arguments by the music companies, the court accorded Willis the rights to the songs at issue.

According to the . . . [more]

The Federal Court released their decision in the veteran class action of Manuge v. Canada today, finding that the offset of disability benefits was a breach of Article 24(a)(iv) of the Service Income Security Insurance Plan (SISIP) Policy.

An overview of the case can be found in the December 2011 issue of The Lawyers Weekly, and McInnes Cooper, counsel for the plaintiffs have a list of key documents here. You can also see the class action website, which include a YouTube video. . . . [more]

The New Brunswick Court of Appeal has published a substantial review of the impact of using email to transfer real estate. Its decision in Druet v. Girouard 2012 NBCA 40 overturned the decision of the Court of Queen’s Bench, 2011 NB 204 (in French only on CanLII; the English text is at [2011] N.B.J. No. 260, and [2011] A.N.-B.no 260.)

In this case the parties exchanged a total of seven emails about the plaintiff Girouard’s possible purchase of the defendant Druet’s condominium apartment in Moncton. The final email was from Druet, withdrawing from the transaction. Girouard took the view . . . [more]

On April 25, 2012, Justice Minister Rob Nicholson directed federal lawyers to challenge the ruling that struck down Canada's prostitution laws to the Supreme Court of Canada.

As an Anglophone employment and labour lawyer from Quebec, I don’t often get to read decisions in my native language. Recently, Justice David Collier, also a Quebec Anglophone jurist from my ex-firm Norton Rose Canada LLP, rendered an employment law decision which merits some attention in the “Rest of Canada” – both because it’s well-written and sound but also because it is a rare English-language decision from La Belle Province which summarizes civil law employment law concepts in English.

In Gilman c. Fieldturf Tarkett Inc., 2012 QCCS 1429 (CanLII), Justice Collier deals with applications from several disgruntled field . . . [more]

The Court of Queen’s Bench of Alberta released the decision today in R. v. Whatcott, upholding the decision by the Provincial Court of Alberta, which held that William Whatcott’s s. 2(b) Charter rights were violated when the University of Calgary prevented him from distributing what was characterized as “anti-gay literature.”

Although the Crown appealed on the basis that the Charter did not apply to the enforcement of a university policy prohibiting the distribution of all printed material on campus without permission, regardless of content, the court focused on the use of provincial trespass legislation to respond to an . . . [more]

The Supreme Court today released its decisions in the van Breda, Banro and Black cases. It dismissed all three appeals.

I want to look in particular at van Breda, which deals at length with jurisdiction simpliciter and with forum non conveniens, with a discussion of real and substantial connection and a sideways glace at enforcement of foreign judgments (not yet at issue in this case, of course.) The Court, per Justice Lebel, sets out the principles of private international law.

In particular the Court upholds the Ontario Court of Appeal’s refinement of the factors that indicate a . . . [more]

On March 26, 2012, the Attorney General of British Columbia announced that special prosecutor lawyer Peter Wilson has been given expanded powers to lay charges against polygamists in the province.