By: Matthew Scott*
The Supreme Court of Canada exercises complete discretion in deciding which cases it does and does not hear. When dismissing applications for leave to appeal, the Supreme Court does not provide reasons. This lack of reasons is grounds for criticism of the Court’s transparency, legitimacy, and leads ...
By: Michael Marschal*
This comment explores R. v. Comeau. Although the Supreme Court of Canada’s articulation of the law regarding s. 121 of the Constitution Act, 1867 was persuasive, well-reasoned, and consistent with modern federalism jurisprudence, its application was shallow and overly deferential.
By: Zoe Johansen-Hill*
This comment discusses R. v. Stephan and the limits criminal law places on parental decision-making
Serving Public Opinion Not Justice: Should We Care About Politicians’ Increasing Penchant For Section 33?
By: Larissa Meredith-Flister*
This comment discusses recent events surrounding the use or contemplation of use of the notwithstanding clause in Canada and its implications for civil rights.
By: Thomas Laval Fransoo*
This comment will build off the work of prior writers on the issue of electronic wills by first discussing the urgent need for electronic wills in our digital age and then consider how blockchain technology could help this cause.
By: Katherine Starks*
This comment looks at two recent trial decisions that declared the federal administrative segregation regime unconstitutional and seeks to clarify how the trial decisions dealt with one key issue: does the Charter require firm time limits on the duration of solitary confinement?
By: Alex J. Laird*
This comment focuses on the Canadian Anti-Spam Legislation. It provides an overview of the history of the Act, the first public decision from the CRTC addressing CASL violations, and the uncertainty that continues to persist.
By: Jeremy Barber*
This comment envisions blockchain for the future of legal citation. The author describes blockchain as a potential mechanism to overcome the distrust for electronic case reporters as an authoritative source in legal scholarship.
By: Erica Klassen*
This comment considers the Supreme Court of Canada's interpretation of s. 8 of the Canadian Charter of Rights and Freedoms in the context of text messages stored on another person’s cell phone.
By: Brad Smith*
In a series of recent cases, the Ontario Court of Appeal overturned decisions of the Ontario Review Board, leading to the absolute discharge of an accused found not criminally responsible on account of mental disorder. These cases, starting with Re Wall, highlight the need for review boards to estab...
By: Adam Unick*
This comment offers a brief comparative analysis of the interplay between taxation law and secured financing in Canada and the United States. It argues that, although uniformity is a worthy value in commercial law, uniformity for its own sake should not be viewed as a desirable justification for cha...
By: Aaron Fritzler*
This comment explores the courts’ long-standing tradition of referencing the ordinary person when interpreting the word “accident” in insurance contracts.
R. v. Tatton: The Supreme Court of Canada Doubling Down on the Dichotomy Between Specific and General Intent for the Defence of Intoxication
By: Michael Marschal*
This comment discusses the approach taken by the Supreme Court of Canada when assessing the mens rea of intoxicated defendants in the criminal justice system.
By: Jianna Rieder*
This comment discusses the risk of using joint tenancy as an estate planning tool considering the recent Saskatchewan Court of Appeal decision, Dunnison Estate.
By: Aden Ritter*
This comment discusses the phenomenon of litigation seeking the joint sharing of family dogs following a breakdown in a relationship and how the Saskatchewan Court of Queen’s Bench has dealt with this unique issue.
By: Firuz Rahimi*
This comment looks at the recent Supreme Court of Canada decision Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), and the implications it has on freedom of religion in Canada.
By: Laura Sayer*
This comment discusses the Federal Court of Canada’s decision in Canadian Copyright Licensing Agency v. York University and highlights key vulnerabilities in the Court’s fair dealing analysis which require clarification. Such clarification would limit improper analysis in the future.
British Columbia Civil Liberties Association v. Canada: The Constitutionality of Inmate Segregation Practices in Canada
By: Zoe Johansen-Hill*
In British Columbia Civil Liberties Association v. Canada, the Supreme Court of British Columbia held that provisions of the Corrections and Conditional Release Act regarding administrative segregation were unconstitutional. This decision has the potential to dramatically shift pro...
By: Jayme Anton*
Jayme Anton discusses ROSS Intelligence and the potential impacts it could have on the legal landscape.
By: John Mansbridge*
This comment responds to critical comments made about the recent Supreme Court of Canada decision, Canada (Attorney General) v. Fontaine. Canada (Attorney General) v. Fontaine looked at the disposition of documents related to the residential schools settlement.
By: Shawna Sparrow*
Physicians with conscience objections to medically assisted dying recently challenged the referral policy of the College of Physicians and Surgeons of Ontario. This comment discusses perspectives on the tension between patients’ rights to health care and the conscience rights of health care provide...
By: Noah S. Wernikowski*
Maintaining confidentiality is central to many professions’ relationships with the public, but confidential information shared with a lawyer receives far more legal protection than that shared with other professionals. This comment explores why.