The Crown has a legal duty to disclose all relevant information to the defence. The fruits of the investigation which are in its possession are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done. R. v. Stinchcombe … [Read more...]
Murdoch v. Murdoch
[I did] “haying, raking, swathing, moving, driving trucks and tractors and teams, quietening horses, taking cattle back and forth to the reserve, dehorning, vaccinating, branding, anything that was to be done. I worked outside with him, just as a man would…” Irene Murdoch’s … [Read more...]
Money for Nothing: International Longshore v. Ford
Introduction Recently, the Government of Alberta clawed back money it had paid to individuals on the basis of mistake. The government determined that these individuals had been ineligible to receive the money. This story attracted attention because the government was demanding the return of money … [Read more...]
Keystone XL and NAFTA
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 … [Read more...]
The Story of Linda Gibbons
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 by law, … [Read more...]
Whatever Happened to …R. v. Oakes
Mr. Oakes is compelled by s. 8 to prove he is not guilty of the offence of trafficking. He is thus denied his right to be presumed innocent and subjected to the potential penalty of life imprisonment unless he can rebut the presumption. This is radically and fundamentally inconsistent with the … [Read more...]
Rasouli: Withdrawal of Medical Treatment
“… 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. … [Read more...]
Organizations Get Religion: Loyola High School v. Quebec
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, … [Read more...]
Whatever Happened to … Scandalous Criminal Allegations: the Miazga Case
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 … [Read more...]
Whatever Happened to … Lac Minerals v. International Corona Resources
Introduction We expect people to show good faith and fairness to each other. Corporate morality, on the other hand, is harder to put into law. Corporations, whose primary purpose is profit maximization, seek any advantage to gain on their competitors. Where does the law draw the line? In 1989, the … [Read more...]