Category: Canada

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 for an Aboriginal offender.

Competition Bureau clamping down on online misleading advertising

Competition Bureau is clamping down on online misleading advertising. FlightHub Group Inc., a Montreal-based online travel agency, found out recently that the Competition Bureau is walking the talk.

Procedural bijuralism pilot project to be launched by federal courts this fall

A 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.

Arctic freeze

A historic legally-binding agreement that would prohibit commercial fishing in the high seas of the Central Arctic Ocean as a precautionary measure was signed by nine nations and the European Union.

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.

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.

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 lawyer 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.

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.

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).

The draft regulations, if and when they come in force, are expected to provide Canadians with better protection while providing organizations with yet another compelling incentive to adopt better security practices to thwart a phenomenon that is occurring with alarming frequency, according to privacy experts.

Early this month, a security breach at credit-monitoring company Equifax Inc., one of three major credit bureaus in the United States, could affect up to 143 million Americans and an undisclosed number of Canadians. More recently still, the personal information of some one million users from the news and entertainment website were exposed after some of its databases were hacked.

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.

Cryptocurrency offerings can provide new opportunities for business to raise capital and for investors to access a broader range of investments but they also raise investor protection concerns due to its volatility, lack of transparency, custody, liquidity and the use of cryptocurrency exchanges, notes the Canadian Securities Administrators in a recently published Staff Notice 46-307.

“Investors may (also) be harmed by unethical practices or illegal schemes, and may not understand the properties of the investment products that they are purchasing,” said the notice.

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.

In companion decisions, the nation’s highest court handed mixed results to Inuit and First Nations groups who challenged decisions by the National Energy Board (NEB), a regulatory agency.