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.
Canada
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Federal court judge declares retroactive record suspension eligibility requirements unconstitutional
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Mandatory minimum sentence declared unconstitutional for Aboriginal accused
A Court of Quebec judge declared the minimum mandatory sentence of four years imprisonment for discharging a firearm while being reckless to the life or safety of another person as unconstitutional and inoperative for an Aboriginal offender. -
Competition Bureau clamping down on online misleading advertising
The Competition Bureau is keeping a watchful eye on the digital world.The Commissioner of Competition, Matthew Boswell, has made it plain that one of his priorities is to investigate and clamp down on false and misleading advertising online, and build trust in the digital economy through enforcement, “a key element of our vision.”
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Procedural bijuralism pilot project to be launched by federal courts this fall
An ambitious pilot project by the federal courts that will allow for the application of the Quebec Code of Civil Procedure is being lauded by Quebec practitioners as a welcome initiative that may prompt more of them to avail themselves of the federal judicial bodies. -
Arctic freeze
The Arctic Ocean, the smallest and shallowest of the world’s five oceans, is melting. Cursed by hostile weather and rough seas, the forbidding, remote and one of the least understood environments in the world is now beginning to open up under the weight of climate change. Navigation, not long ago unthinkable, is increasingly feasible. Large ships are beginning to explore the area in ways that Viking settlers and European merchants could only dream of. Shrinking Arctic sea ice allowed last year a tanker carrying a cargo of liquefied natural gas to travel through the northern sea route for the first time without an icebreaker escort. -
Landowner waited too long to challenge bylaw but can seek damages, rules Supreme Court
A property owner who challenged a municipal zoning bylaw he considered to be a disguised expropriation waited too long before taking legal action but can nevertheless still ask to be compensated for the loss in property value, ruled the Supreme Court of Canada.Tags: expropriation -
Supreme Court holds rioters not solidarily liable for damages to police cars
Rioters who damaged police cars after a Montreal hockey game can only be held liable for the specific damage they caused personally, and cannot be held responsible for damage caused by other rioters to the same vehicle, ruled the Supreme Court of Canada, capping off a week to forget for the City of Montreal.In a 6-1 decision, the nation’s highest court provided guidance on when solidary liability attaches to wrongful acts under the Civil Code of Quebec, days after the city lost two major decisions dealing with pension matters before the Quebec Court of Appeal.
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Trials are not tea parties, holds Supreme Court of Canada
In a decision that is bound to spur much debate, the Supreme Court of Canada dismissed a series of complaints against a Toronto securities litigator who was found to have breached the rules of civil courtroom behaviour during his aggressive but successful defence of a man charged in the billion-dollar Bre-X mining fiasco.Categories: Supreme Court of CanadaTags: incivility -
Federal Auditor General blasts military justice
The Canadian Armed Forces’ failure to administer the military justice system efficiently has led to 10 court-martial cases to have been dropped since January 2016, revealed a damning report by the federal auditor general.Categories: CanadaTags: military justice -
Ottawa finally proposes regulations on data breach notifications
Private sector organizations following federal privacy law will have to provide breach notifications to customers and the privacy commissioner where it is reasonable to believe that the breach creates a “real risk of significant harm,” under long-awaited proposed regulations to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). -
Canadian financial regulators provide guidance on cryptocurrency offerings
Canadian financial regulators, in lockstep with a growing number of jurisdictions, has put the cryptocurrency world on notice after confirming the potential applicability of Canadian securities laws to virtual currencies and related trading and marketplace operations. -
Supreme Court of Canada clarifies duty to consult
The Supreme Court of Canada shed new light on the Crown’s constitutional duty to consult with Aboriginal communities and clarified the role and obligation of decision-making bodies in two separate decisons that has the potential of providing greater predictability for natural resources companies seeking regulatory approval. -
Allegations of conflict of interest against three judges dismissed
The Canadian Judicial Council has dismissed allegations of conflicts by three judges who attended privately sponsored receptions or conferences.The three judges, all of whom hear tax cases, landed in hot water after the CBC and Radio-Canada reported that they had attended social events at an International Fiscal Association Conference in Madrid in September 2016. The conference was approved by the CJC as a continuing education opportunity for judges involved in tax law matters.
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Quebec appeal court to hear appeals in two Jordan cases
Nearly a year to the day when the Supreme Court of Canada issued its landmark Jordan ruling, the Quebec Court of Appeal announced that a five-judge panel will hear an appeal late this summer of a decision to stay a murder charge against a Sri Lankan refugee even though the accused has been deported back to his homeland. -
Telecom giants must pay millions following SCC’s refusal to hear appeals
Telecommunication giants Bell Mobility and Rogers Communications must pay millions of dollars to clients who paid excessive cancellation fees after the Supreme Court of Canada refused to hear their appeals.
