Keystone XL and NAFTA

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No Party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take a measure tantamount to nationalization or expropriation of such an investment (“expropriation”), except: (a) for a public purpose; (b) on a non-discriminatory basis; (c) in accordance with due process of law and [Minimum […]

The Story of Linda Gibbons

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Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided […]

Rasouli: Withdrawal of Medical Treatment

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“… a myriad of important interests, such as the integrity of our health care system, (is) at stake.” – Cuthbertson v. Rasouli, [2013] 3 SCR 341 Introduction In October 2010, Mr. Rasouli underwent surgery at Sunnybrook Health Sciences Centre in Toronto, Ontario to remove a benign brain tumour. Following the procedure, he developed meningitis that […]

Organizations Get Religion: Loyola High School v. Quebec

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Introduction Do organizations and corporations have a constitutionally protected freedom of religion under the Canadian Charter of Rights and Freedoms? The Charter has existed for 34 years and we are still not clear whether non-human entities enjoy religious freedom as they do other freedoms, such as expression. The Supreme Court of Canada last year had […]

Whatever Happened to … Scandalous Criminal Allegations: the Miazga Case

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Introduction Miazga v. Kvello Estate is a tragic, yet fascinating, case which reminds us of the devastating power of criminal prosecution to ruin innocent lives and the near impossibility to hold Crown prosecutors legally accountable when that happens [(2009) 3 SCR 339, 2009 SCC 51 http://canlii.ca/t/26g27]. Facts In 1989, Michael, Michelle and Kathleen Ross (aged […]

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