SCC to hear appeal over secret criminal trial
The Supreme Court of Canada will hear an appeal from a slew of media organizations challenging confidentiality orders issued in a secret criminal trial, with no paper trail, that was held in Quebec.
Category: Canada
Quebec appeals landmark ruling that affirms self-governance for Indigenous peoples
The Quebec government will appeal an Appeal Court decision that marked the first time the courts have clearly recognized a self-government right as a right of all Indigenous peoples in Canada.
Canadian Constitution architecture dramatically altered following Quebec Appeal Court decision, according to experts
The architecture of the Canadian Constitution has been dramatically altered, with the emergence of a third level of government, after the Quebec Court of Appeal ruled that Indigenous people possess an existing right of self-government that is protected by section 35 of the Constitution Act, 1982, according to legal experts.
SCC to hear challenge over Quebec’s ban on homegrown cannabis
The Supreme Court of Canada will examine the constitutionality of a provincial ban that forbids the growing of recreational cannabis for personal use.
New federal regulatory amendments allow physicians to request restricted psychedelics
The federal government quietly enacted long-awaited amendments that allow healthcare practitioners to request access to restricted drugs, like psychedelics.
The push to decriminalize magic mushrooms
The drive towards decriminalizing or legalizing psychedelics such as magic mushrooms is gaining momentum. Galvanized by research exploring the medicinal promise of psychedelics as a potential treatment for mental health disorders, patients’ groups and the business and medical community are pushing to make psychedelics more readily legally accessible.
The contract is king
The contract is king, especially when it involves sophisticated commercial parties who freely negotiated a non-consumer contract, ruled the SCC.
Federal Court rejects Canadian Patent Office’s approach to computer-implemented inventions
The Federal Court has forcefully struck down the approach used by the Canadian Intellectual Property Office (CIPO) to patent claims in a decision widely expected by the patent bar to have far-reaching implications, particularly for computer-implemented inventions.
Unintended consequences of virtual hearings
Months after the Covid-19 pandemic forced the near shutdown of courts across Canada and paved the way for virtual justice, a Quebec lawyer and researcher is hoping that judges and lawyers will be alert to the unintended consequences of conducting justice through the use of technology.
Federal Court of Appeal rejects Justice Michel Girouard’s appeal over Canadian Judicial Council’s recommendation for removal
“It may seem paradoxical to conclude that there was no drug transaction (at least on the balance of probabilities), but that Justice Girouard misled the Committee,” said Federal Court of Appeal Justice Yves de Montigny.
Federal court judge declares retroactive record suspension eligibility requirements unconstitutional
Following in the footsteps of British Columbia and Ontario, a Federal Court judge declared retroactive record suspension eligibility requirements to be unconstitutional, opening the door to thousands of offenders across the country to be eligible for a pardon.