Orphan Well: Embracing statutory ambiguity

By: Allyse Cruise*

This case comment scrutinizes the decision of the Supreme Court of Canada in Orphan Well Association v. Grant Thorton Ltd. Many Canadians will be happy with the results of the case. However, the Supreme Court’s reasoning lacks coherence and provides little direction to lower courts tasked w...

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Institutional Religious Freedom Rights? Uncertainty Remains Following Law Society of British Columbia v. Trinity Western University

By: Everhett Zoerb

Do corporations go to heaven? Although the question may seem ridiculous, and its answer obvious, the Supreme Court of Canada has yet to rule that corporations, institutions, and other entities do not have religious freedom rights under the Charter. This comment examines the issue in light o...

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Unconscionability of Mandatory Arbitration in Contracts of Adhesion: Heller v. Uber Technologies Inc.

By: Katherine Starks*

This comment looks at Heller v. Uber Technologies Inc., a recent decision of the Ontario Court of Appeal. A preliminary issue in the case has been the validity of the arbitration clause in the agreement between drivers and Uber. The Court held that the clause was unconscionable, suggesting...

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Does the Jordan Framework Apply to Young Offenders? Three Separate Approaches to the Law of Delay

By: Owen Pennock

In R. v. K.J.M., three justices of the Alberta Court of Appeal came to three very different conclusions on the application of the R. v. Jordan framework for delay in cases involving young offenders. Because of the disparate nature of these judgments, it remains unclear whether the presumpti...

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Culture of the Court or the Community: A Modification of the Jordan Framework

By: Jianna Rieder*

The Supreme Court of Canada introduced a new framework to determine the reasonableness of trial delays in R. v. Jordan . While the intent behind the change was to improve the accessibility of justice by preventing unnecessarily drawn-out trials, the decision was criticized by Justice Bycho...

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Privacy Rights vs. Technological Advances: A Case Comment on R. v. Jarvis and What It Means for The Future of Privacy

By: Nicole C. Krupski*

This comment discusses the Supreme Court of Canada's recent decision in R. v. Jarvis, a case involving a charge of voyeurism against a teacher making secret visual recordings of his students. Drawing on s. 8 Charter jurisprudence, the Supreme Court majority expanded Canadians' priv...

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Legal Services Supply Gap in Saskatchewan: Temporarily Offering Tax Incentives to Lawyers for Providing Pro Bono Services

By: Jelaina Germain*

This comment focuses on the gap in the provision of legal services . The recommendations of the Legal Services Task Team should help increase access to justice in Saskatchewan but may take some time to implement. One possible temporary solution in the interim is to offer tax incentives to lawyers of...

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Access to Justice by Design

By: Melissa Craig*

This comment discusses why the legal profession should embrace user-focused design thinking in developing solutions to aid the access to justice gap.

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Mega Mistakes: Public Policy and Procurement in Yukon

By: Drea Nasager*

This comment explores the decision of the Yukon Court of Appeal in Mega Reporting Inc. v. Yukon (Government of) to uphold a waiver of liability in the Yukon Territorial Government procurement process.

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Addressing the Elephant in the Legal Profession: The Lawyer’s Struggle with Mental Health

By: Stephanie Nemeth*

This comment explores the crisis of mental health in the legal profession. The worrying incidence of lawyers suffering mental health issues affects the profession as a whole, particularly due to the connection between mental health problems and disciplinary complaints. A multi-faceted and multi-orga...

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Political Parties and Voter Data: A Disquieting Gap in Canadian Privacy Legislation

By: Fraser Duncan*

A 2018 complaint to the Saskatchewan Information and Privacy Commissioner (IPC) about a data breach within the provincial NDP highlights the gap in privacy protection in relation to political parties in most of Canada. This comment briefly explores the complaint and the IPC's response to it before a...

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Parliamentary Privilege to Unjustly Dismiss: A Comment on Chagnon v. SFPQ

By: Shay Brehm*

This comment discusses Chagnon v. SFPQ and whether parliamentary privilege protects legislatures from claims of unjust dismissal.

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Leave Applications at the Supreme Court of Canada: Should Reasons be Provided?

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 ...

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R. v. Comeau: Good Law, Bad Application

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.

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Disastrous Consequences: R. v. Stephan and the Danger of Hindsight Bias

By: Zoe Johansen-Hill*

This comment discusses R. v. Stephan and the limits criminal law places on parental decision-making

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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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