Sharing Evidence with Opposing Parties in Criminal Matters Evidence in a criminal matter is called disclosure. Criminal law has strict rules about who must provide whom with disclosure. Unlike in civil law, the rules are generally one-sided. The defence has no obligation to provide the Crown … [Read more...]
Commercial Host Liability
To help us understand when a commercial host, such as a bar, is liable for injuries suffered by its drunk patrons, let's take a look back at Crocker v Sundance Northwest Ltd. What duty of care is owed to drunk patrons? While every scenario is dependent on its own facts, Canadian courts have … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Ipeelee
In Ipeelee, the Supreme Court of Canada again considered the Gladue Principles. Over a decade has passed since this Court issued its judgment in Gladue. As the statistics indicate, s. 718.2(e) of the Criminal Code has not had a discernible impact on the overrepresentation of Aboriginal people in … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Gladue
In the Gladue case, the Supreme Court of Canada considered Aboriginal sentencing provisions in the Criminal Code. … the jail term for an aboriginal offender may in some circumstances be less than the term imposed on a non aboriginal offender for the same offence. On September 16, 1995, Jamie … [Read more...]
Fraud in 3D: VisuaLABS
How did the justice system deal with this case of major commercial fraud? Between 1993 and 2001, VisuaLABS Inc. – the company built in Calgary, Alberta by Sheldon Zelitt – attracted thousands of investors, raised hundreds of millions of dollars in capital and grabbed the attention of the global … [Read more...]
The Inuit Status Case
It appears to me to be a consideration of great weight in determining the meaning of the word “Indians” in the British North America Act that the Eskimo were recognized as an Indian tribe by the officials of the Hudson’s Bay Company which, in 1867, exercised powers of government and administration … [Read more...]
Your Land is My Land: Reeder v Woodward
[T]he appellants ... were, after all, the registered owners of the disputed parcel, which the respondents have now acquired through adverse possession. The litigation was necessary to resolve this dispute, even though it was undoubtedly expensive and unfortunate for both sides. - Reeder v Woodward, … [Read more...]
Canada Opens its Courts to Overseas Human Rights Abuses
On February 28, 2020, the Supreme Court of Canada refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea. In the five-to-four majority decision in Nevsun Resources Ltd v Araya, the court … [Read more...]
The Constitutional Right to Marijuana in Canada: R v Parker
If a rule of criminal law precludes a person from obtaining appropriate medical treatment when his or her life or health is in danger, then the state has intervened and this intervention constitutes a violation of that man's or that woman's security of the person ... R v Parker, [2000] OJ No 2787 … [Read more...]
Provinces Leaving Canada Part II: The Clarity Act
The obligations we have identified are binding obligations under the Constitution of Canada. However, it will be for the political actors to determine what constitutes "a clear majority on a clear question" in the circumstances under which a future referendum vote may be taken. - Reference Re … [Read more...]
