Famous Cases Archives - LawNow Magazine

FAMOUS CASES | 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 signalled that Canadian courts are open to hear […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Patrick Ma
Patrick Ma is a 2020 Masters of Management graduate of the University of Calgary.
 

FAMOUS CASES | 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 (ONCA) at […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Dustin Bodnar
Dustin Bodnar graduated with a BComm from the Haskayne School of Business at the University of Calgary in 2019.
 

FAMOUS CASES | 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 Secession of Quebec, [1998] 2 SCR 217 at […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Mackenzie Bowal
Mackenzie Bowal is studying business and computer science at the University of Calgary.
 

FAMOUS CASES | Provinces Leaving Canada Part I: The Quebec Secession case

. . . a clear majority vote in Quebec on a clear question in favour of secession would confer democratic legitimacy on the secession initiative which all of the other participants in Confederation would have to recognize. – Reference Re Secession of Quebec, [1998] 2 SCR 217 at para 150 Introduction The possible withdrawal of […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Mackenzie Bowal
Mackenzie Bowal is studying business and computer science at the University of Calgary.
 

Charter of the French Language: Quebec v Blaikie

A recent LawNow article outlined the constitutional history and framework of bilingualism in Canada. In this article, we focus on Quebec’s 1977 Charter of the French Language, popularly known as Bill 101. This legislation raised the question of whether a provincial government could broadly regulate language across its jurisdiction, namely to mandate one official language. […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Christina Tang
Christina Tang is a law student at Queen’s Law School in Kingston, Ontario.
 


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