Results: 1 - 20 of 922
Supreme Court Hearings
Opsis Airport and Quebec Maritime v. Attorney General of Quebec
The Supreme Court heard two cases - Quebec Maritime Services Inc., et al. v. Attorney General of Quebec, et al. and Opsis Airport Services Inc. v. Attorney General of Québec, et al. Does Private Security Act apply to (...)
Michael Paul Dunmore v. Raha Mehralian
How should Canadian courts determine the habitual residence of children allegedly abducted from or withheld from a non-Hague Convention signatory state? How should courts balance the countervailing policy objectives outlined (...)
Pascal Varennes v. His Majesty the King
Did the Quebec Court of Appeal err in finding that the trial judge had held the appellant's trial "without jurisdiction"? Was the prosecutor’s appeal of the order made by the trial judge governed by s. 676(1)(a) of the (...)
Dustin Kinamore v. His Majesty the King
Are the complainant's prior text messages relevant to determining whether she consented to sexual activity? Was an application under s. 276 of the Criminal Code required to determine the admissibility of prior sexual (...)
Dorinela Pepa v. Minister of Citizenship and Immigration
What is the appropriate standard of review for decisions made by the Immigration Appeal Division? How does the statutory right of appeal under the relevant provision influence the standard of review applied by the Immigration (...)
J.W. v. His Majesty the King
Can the anticipated time to complete rehabilitative programming be considered when determining the length of a custodial sentence outside the dangerous offender regime? Should the completion of rehabilitative programming (...)
Tammy Marion Bouvette v. His Majesty the King
Did the Court of Appeal make an error in finding that the entire record, as expanded on appeal, allows for the reasonable possibility of a conviction on a retrial? Is it reasonable to consider the possibility of a conviction (...)
Mikhail Kloubakov, et al. v. His Majesty the King (Part 2 of2)
Did Court of Appeal err in determining purpose of legislation and of relevant provisions? Does ss. 286.2(1), (4) and (5) and 286.3(1) of Criminal Code infringe rights guaranteed in s. 7 of Canadian Charter of Rights and (...)
Mikhail Kloubakov, et al. v. His Majesty the King
Thomas Stevenson v. His Majesty the King
Examining the treatment of evidence from the Crown’s unsavoury witness and the scrutiny of Vetrovec error. Did the Court of Appeal err in law by affirming the trial judge’s reliance on the identification evidence of the (...)
Duncan Sinclair, et al. v. Venezia Turismo
Did the Ontario Court of Appeal fail to identify the operative contracts? Was the majority correct in overturning the motion judge’s finding of a connection to an Ontario contract? Was the Ontario Court of Appeal right to (...)
Saskatchewan Environment Minister v. Saskatchewan Métis Nation
Judicial review of the provincial government's decision to issue mining permits to resource company. Aboriginal group alleges failure to fulfill duty to consult. Is it an abuse of process for a claimant to bring multiple (...)
His Majesty the King v. Jennifer Pan, et al.
What is the test for placing alternative theories of liability for a homicide to a jury? What level of respect should an appellate court give to a trial judge's decision on whether an alternative explanation or defense is (...)
Telus Communications Inc.v. Federation of Canadian Municipalities
Reviewing the interpretation of CRTC’s jurisdiction over access to infrastructure. Examining the interpretation of the term "transmission line" in s. 43 of the Telecommunications Act, S.C. 1993 . Does wireless transmission (...)
His Majesty the King v. Stuart Michael George Sabiston
Did the arresting officers have reasonable suspicion to detain for investigative purposes? Should the firearm seized as evidence have been excluded under s. 24(2) of the Charter? Did the Court of Appeal extend the correct (...)
Mohamed Adam Bharwani v. His Majesty the King
Examining the proper standard to determine if a person is unfit to stand trial. Should the test from R. v. Taylor (1992) be replaced with one that requires mentally disordered defendants to have the ability to make rational (...)
John Howard Society of Saskatchewan v. Government of Saskatchewan (Part 2)
Does provincial legislation mandating inmate discipline hearings operate on a balance of probabilities and complies with s. 7 of the Charter? Does the presumption of innocence operate as a principle of fundamental justice in (...)
John Howard Society of Saskatchewan v. Government of Saskatchewan (Part 1)
Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan (Part 1 of 2)
Tripartite agreement between federal government, Quebec provincial government and band council of Pekuakamiulnuatsh Innu First Nation concerning funding for Indigenous police force. Does the constitutional principle of honour (...)
Sanis Health Inc., et al. v. His Majesty the King in Right of the Province of BC
In 2018, the Province of British Columbia (hereafter, “BC”) enacted the Opioid Damages and Health Care Costs Recovery Act. The ORA allows BC to recover health care costs caused or contributed to by “opioid-related wrongs” (...)