An Ontario Aboriginal man has had his conviction for manslaughter re-instated by the Supreme Court of Canada. Clifford Kokopenace was originally convicted in 2008. However, the Ontario Court of Appeal overturned his conviction because the jury at his trial did not have any Aboriginal members. It … [Read more...]
Bench Press 39-4: Consent is a Matter of Life and Death
The British Columbia Court of Appeal recently ruled on a case involving an Alzheimer’s patient and her ability to give consent. It looked at a number of questions that will be raised as Canadians come to grips with the recent Carter decision of the Supreme Court of Canada (Carter v. Canada (Attorney … [Read more...]
Bench Press 39-4: The Charter Protects Proms
Two graduating high school students in Ontario launched a Charter challenge to their school principal’s decision to have a mandatory breathalyser test at their prom. They argued that the mandatory test was a violation of their s. 8 Charter right to be free of unreasonable search and seizure. Justice … [Read more...]
Bench Press 39-4: Spoiled Sperm
The British Columbia Court of Appeal recently upheld a trial judge’s decision that human sperm is property. The case involved a B.C. man who was a representative for a class action of 400 plaintiffs who had stored their sperm with a laboratory at the University of British Columbia prior to … [Read more...]
Bench Press 39-4: A Will Against Public Policy
Law students are taught in Wills and Estates law that a Will can be set aside as being against public policy, but rarely does this possibility become a reality. However, in January, 2015 a Superior Court Justice in Ontario set aside the Will of Emanual Spence for exactly that reason. Rector Spence, … [Read more...]
Bench Press 39-3: New Duty of Honest Performance
The Supreme Court of Canada issued an interesting decision recently in the area of contract law. It began by stating: “Canadian common law in relation to good faith performance of contracts is piecemeal, unsettled and unclear.” Clearly, this was an unsatisfactory state of affairs that the Court was … [Read more...]
Bench Press 39-3: Seven Seconds: $27 Million
A Quebec man had his hopes and his fortune dashed when the Supreme Court of Canada decided recently to dismiss his application for leave to appeal a decision of the Quebec Court of Appeal. Joel Ifergan scooted into a convenience store just before 9 pm in 2008 and bought two lottery tickets for that … [Read more...]
Bench Press 39-3: Tragic Tale of Two Girls
Two young aboriginal girls both had been diagnosed with the same type of aggressive cancer and both were receiving chemotherapy for their illness. In both cases, their mothers decided to withdraw their children from conventional cancer treatment and pursue aboriginal healing methods. In one case, … [Read more...]
Bench Press 39-2: Estranged Father and Daughter
An Edmonton father and daughter had not had any face-to-face communication since 2010. The father was paying child support of $1054.00 per month. He asked the court to terminate or reduce his support obligation since she turned 18 on the grounds that he had no proof that she had attended elective … [Read more...]
Bench Press 39-2: Unprecedented Sentence of 75 Years
Justin Bourque, the 24-year-old Moncton man who gunned down three RCMP officers this spring has been sentenced to a 75-year prison sentence. He will not be eligible for parole until he is 99 years old. This is the longest sentence in Canadian history and the most severe penalty since the death … [Read more...]