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, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from October 27 – November 16, 2023 inclusive.

Oral Judgment

Criminal Law: Party Liability
R. v. Johnson, 2022 ONCA 534; 2023 SCC 24 (40330)

Kasirer J.: “We are all of the view that the majority in the Court of Appeal was correct to conclude that party . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Le juge de première instance a erré en rejetant les requêtes des appelants en divulgation des rapports de sources consultés par les déclarants afin de rédiger leurs déclarations sous serment au soutien des autorisations judiciaires demandées; la tenue d’un nouveau procès est ordonnée.

Intitulé : Shirin c. . . . [more]

Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.

In August 2023, the Court of King’s Bench of Alberta dismissed an employee’s claim of constructive dismissal because it turned out that, on the evidence presented, the claim would not succeed at trial and was without merit. More specifically, the employee could not show that his employment contract was unilaterally changed to his detriment, or that the employer’s conduct demonstrated that it no longer intended to be bound by the terms of the employment contract (including the company Code of Conduct). Rather, the employee’s accusations of mistreatment . . . [more]

Service is meaningful. Service is motivating. Ask one hundred lawyers what they most enjoy about their work, and most will tell you it is helping clients.

What is meaningful to lawyers about their work is, in a word, service.

What is burning them out is servitude.

In article one of this series, I explored the factors that cause service to slip into servitude and the negative consequences of this. If you haven’t read that article, please start there. https://www.slaw.ca/2023/06/20/balance-the-scales-service-vs-servitude

In this article, I will continue to explore another powerful lever for rebalancing the scales back towards service – meaning.

The

A private members bill directed to a ‘right of repair’ is working its way through parliament. Bill C-244, “An Act to amend the Copyright Act (diagnosis, maintenance and repair)” is currently at third reading and may become law soon. The government included a “right of repair” in its 2023 budget documents and so far Bill C-244 has support from all parties.

The budget announcement said in part:

Budget 2023 announces that the government will work to implement a right to repair, with the aim of introducing a targeted framework for home appliances and electronics in 2024.

The government will

The BC Family Justice Innovation Lab and its Youth Voices Initiative [Note 1] continue to support the ground-breaking work of the Transform the Family Justice System Collaborative.

Last month, I attended the Youth Family Justice Conference, co-hosted by A2JBC, the Representative for Children and Youth, the Youth Voices Initiative, and the Society for Children and Youth of BC. Young people were involved in the planning, hosting and presentation of the entire conference and dozens attended both in person and online to consider how to improve their “meaningful participation” in decisions that significantly affect their lives.

As Chief . . . [more]

As lawyers we write a copious amount of memos and opinions. If you’re like me, you often go back to prior memos and opinions when you’re writing new ones. Perhaps it’s to borrow wording or refresh yourself on that particular area of the law, but no matter what you find yourself looking for and relying upon them.

There tends to be two general organizational systems that I’ve come across with respect to referencing these at a later date. One is the “random memory” approach – which functions like it sounds. It involves relying on your memory to think of what . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Une clause d’une autorisation d’écoute électronique de nombreuses personnes, y compris de l’intimé Frank Zampino, ne protégeait pas adéquatement le secret professionnel de l’avocat; toutefois, cette violation des droits des intimés n’était pas d’une gravité telle qu’elle justifiait un arrêt des procédures, de sorte que la tenue . . . [more]

Written by Daniel Standing LL.B., Content Editor, First Reference Inc.

The recent Supreme Court of British Columbia case 2023 BCSC 1513 (CanLII) concerns the appropriate decision-making process of the Workers’ Compensation Appeal Tribunal when it must make a compensation decision in the face of multiple medical reports. . . . [more]

Businesses are deeply implicated in abuses of human rights defenders worldwide. In 2021 more than “a quarter of lethal attacks were linked to resource exploitation,” according to Global Witness. Indigenous Peoples are disproportionately attacked. Over 40 percent of fatal attacks targeted Indigenous people who make up only 5 percent of the world’s population. One in ten defenders killed were women, two-thirds of whom were Indigenous.

Canada’s record of business abuses of human rights increasingly attracts international criticism. Canada is home to about half the world’s extractive companies operating in nearly 100 countries. When Indigenous land rights defenders protest business . . . [more]

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. 

For this past month, the three most-consulted English-language decisions were:

1. Reference re Impact Assessment Act, 2023 SCC 23

[1] Environmental protection is a fundamental value in Canadian society and one that is shared by Canadians from coast to coast. The Canadian judiciary, in tandem with the other branches of government, has an important role to play in protecting the . . . [more]