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.

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Saskatchewan, Step Up to the Plate on Electronic Wills

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.

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The Constitutionality of Prolonged Solitary Confinement

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?

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The Uncertain Impact of CASL (Canadian Anti-Spam Legislation)

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.

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Death to the Print Reporter: The Case for a CanLII Blockchain

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.

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R. v. Marakah: Privacy Expectations in the Age of Texting

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.

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Re Wall: A Welcome Barrier to Ontario Review Board Decisions?

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...

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Justifying Non-Uniformity in Secured Financing Law of Canada and the United States

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...

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The Hollow Homage: Referencing the Ordinary Person When Defining “Accident” in Insurance Contracts

By: Aaron Fritzler*

This comment explores the courts’ long-standing tradition of referencing the ordinary person when interpreting the word “accident” in insurance contracts.

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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.

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Dunnison Estate: Joint Tenancy as a Tool for Estate Planning

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.

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A Tail of Two Puppies: A Comment on Henderson v. Henderson

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.

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Ktunaxa Nation: A New and Narrower Interpretation of Religious Freedoms in Canada?

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.

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The “Defence” of Involuntariness

By: Rob Emes*

This comment discusses R. v. Fontaine and the Court's characterization of voluntariness, conceptually and in practice.

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Cryptocurrencies: A New Form of Securities?

By: Cory Kapeller*

This comment discusses when cryptocurrencies will be considered securities, the resulting prospectus requirement, and some practical implications of non-compliance with securities laws.

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Access Copyright: Vulnerabilities in the Fair Dealing Analysis

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.

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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...

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ROSS and the Future of Legal Service Delivery in Canada

By: Jayme Anton*

Jayme Anton discusses ROSS Intelligence and the potential impacts it could have on the legal landscape.

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In Defence of Canada (Attorney General) v. Fontaine

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.

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First, Do No Harm: Physicians’ Conscience Rights and Ontario’s Referral Policy

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...

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Whose Privilege, Who’s Privileged? A Look at Lawyer-Client Privilege

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.

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InterOil: Doubling Down on a Heightened Standard of Fairness Opinions

By: Braeden Pivnick*

This comment discusses Re: Interoil Corporation, a 2017 decision of the Yukon Supreme Court. In imposing a heightened standard for fairness opinions in the commercial context, the Court's decision represents a notable departure from accepted practice. If widely adopted, it could have a sign...

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Smoothwater: Smoothing a Ripple in Corporate Arrangement Proceedings

By: Carson Wetter*

This comment discusses the use and judicial interpretation of arrangement provisions in the corporate context through the lens of Smoothwater Capital Corporation v. Marquee Energy Ltd., a 2016 decision of the Alberta Court of Appeal.

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Alberta (Information and Privacy Commissioner) v. University of Calgary: The Supreme Court’s Administrative Law Equivocality

By: Ahmed Mudathir*

This is a comment on the Supreme Court of Canada's decision in Alberta (Information and Privacy Commissioner) v. University of Calgary. I focus on the inconsistency in determining the appropriate standard of review evidenced by the Court and the need for clarity in this area of law.

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