R. v. Bingley: A Problematic Decision

By: Patrick A Thomson*

In R. v. Bingley, the Supreme Court of Canada decided that subsection 254(3.1) of the Criminal Code allows for Drug Recognition Experts to be qualified as expert witnesses without fully complying with the rules for admitting expert testimony set forth in R v. Mohan. This interpretation of s. 254(3.1) carries a substantial risk of wrongful conviction and is more than likely unconstitutional.

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Should the Canadian Legal Profession Embrace Mandatory Pro Bono Work as a Pillar of Increased Access to Justice?

By: Jayme Anton*

Is the idea of mandatory pro bono work for lawyers an internal inconsistency? I argue that such a proposal strengthens the privileged status and service-oriented nature of the legal profession.

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Sever the Land or Die Trying: Case Commentary on Thorsteinson Estate v. Olson

By: Matthew Barnes*

This is a comment on Thorsteinson Estate v. Olson, a 2016 decision from the Saskatchewan Court of Appeal. I focus on the Court's decision to deny an application by Marjorie Thorsteinson's Estate to sever a joint tenancy.

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An Express Contradiction: Moloney, 407 ETR, and Federal Paramountcy

By: Jonathan Milani*

In 2015, the Supreme Court of Canada rendered two decisions concerning the interplay of the federal Bankruptcy and Insolvency Act and provincial vehicle licensing regimes. In rendering its decisions, the Court altered the federal paramountcy test. I argue that the changes to the test are inappropriate.

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And and Or, or And or Or?

By: Michael Crampton*

A comment on Rooney v. ArcelorMittal S.A., a 2016 decision from the Ontario Court of Appeal that held that the word “or” can be construed inclusively in legislative text.

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TWU's Proposed Law School: Clarifying the "Gay Quota" Argument

By: Evan Hutchison*

This comment considers the effect of accrediting TWU's law school on prospective LGBT law students.

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