Systemic Racism in Sentencing R v Kandhai, 2020 ONSC 3580 Mr. Kandhai was charged with and pled guilty to one count of possession of a prohibited firearm with accessible ammunition and one count of a breach of a firearms prohibition order. At the sentencing hearing, the defence asked for 3 years … [Read more...]
BENCHPRESS | Rock-Paper-Scissors Debts, Napkin Wills & Injured Skiers
Rock-Paper-Scissors Debt Cancelled Primeau c. Hooper, 2020 QCCA 576 Mr. Hooper lost a set of three games of rock-paper-scissors to Mr. Primeau in January 2011. The wager? $517,000 - $258,500 carried over from a previous debt on a quits or doubles bet. Mr. Hooper signed a mortgage from Mr. Primeau … [Read more...]
BENCHPRESS | Challenges to the Constitution, Canada Labour Code and an insurance policy
Constitutional Challenge: Third parties can profit from sex work R v Anwar, 2020 ONCJ 103 Hamad Anwar and Tiffany Harvey were charged for running an escort service in London, O.N. They employed several adult women, providing vacation time and benefits. Specifically, they were charged with offences … [Read more...]
BENCHPRESS | Subway Pictograms, Roads on Reserve and Employee Attitudes
Subway Pictogram: Warning sign or law? Kosoian v Société de transport de Montréal, 2019 SCC 59 On May 13, 2009, Ms. Kosoian rode a down escalator in one of Montreal’s subway stations. She didn’t hold the handrail. A police officer saw this and ordered her to hold the handrail or he would issue her … [Read more...]
BenchPress – Vol 44-2
Wines from the West Bank not “Products of Israel” Kattenburg v Canada (Attorney General), 2019 FC 1003 The applicant, Dr. Kattenburg, is described as a wine lover and activist. He filed a complaint with the Canadian Food Inspection Agency (CFIA) that wines from the West Bank and sold in Canada … [Read more...]
BenchPress – Vol 44-1
Right to B.C. Provincial Court Trial in French Bessette v British Columbia (Attorney General), 2019 SCC 31 Mr. Bessette was charged with a traffic offence in British Columbia under the province’s Motor Vehicle Act. He asked that his trial in the Provincial Court be held in French. Mr. Bessette … [Read more...]
BenchPress – Vol 43-6
Federal Court Translates Decision into Cree and Dene The Federal Court of Canada made history recently when it issued a judgment in the Cree and Dene languages. The case involved Councillor Whalen and the Fort McMurray No. 468 First Nation (FMFN). On January 10, 2019, a Band Council Resolution … [Read more...]
BenchPress – Vol 43-5
Discrimination Based on Country of Origin The Federal Court of Canada has struck down as unconstitutional a provision of the Immigration and Refugee Protection Act (IRPA). In 2012 the Act was changed to create two categories of refugees, based on their country of origin. So called “safe … [Read more...]
BenchPress – Vol 43-2
Important Limit to the Duty to Consult Alberta’s Mikisew Cree First Nation took the federal government to court over its omnibus budget bill of 2012. This bill made significant changes to Canada’s environmental protection regime. The Mikisew were not consulted at any stage of the legislative … [Read more...]
BenchPress – Vol 43-4
A series of cases decided in January 2019 highlight the ongoing problems with solitary confinement within Canada’s corrections system. The British Columbia Court of Appeal ruled on a challenge filed by the John Howard Society and the B.C. Civil Liberties Association against the Attorney General … [Read more...]
