"[N]o journalist can give a secret source an absolute assurance of confidentiality." - Supreme Court of Canada, per Binnie J. Introduction People who speak to and inform Canadian journalists often ask to be protected by confidentiality. Journalists depend on these tips and will promise not to … [Read more...]
Whatever Happened To…Antrim Truck Ltd. and Public Nuisances
Background Gail Cameron was brought up in the restaurant and accounting businesses. Her husband Jack had a strong trucking background. In June 1978, the couple had acquired Cedar Service Centre on 12 acres of land located on the former Highway 17 west of Ottawa from Gail's mother. They built a … [Read more...]
Whatever Happened To…U.S. v. Burns: Extradition and the Death Penalty
The Death Penalty Around the World About 140 countries have permanently abolished the death penalty. Some 50 countries have it on the books but don’t use it; 36 countries continue to use the death penalty, and 22 of these carried out executions in 2013. Japan and the United States are the only … [Read more...]
When Free Trade is Not Free: the Abitibi Case
We will not give away our valuable timber and water resources to a company that does not honour its historic commitments … [w]e will, therefore, today introduce a bill to ensure these valuable natural resources are returned to their rightful owners – the people of Newfoundland and Labrador. – … [Read more...]
Marc Ribeiro v. Dragons’ Den
Introduction The modern phenomenon of reality television can be a tough business. What makes it interesting for viewers is what appears to be the spontaneous drama, the unpredictable turns and utterances and the raw, unscripted human confrontation. Television broadcasts the glorious performances … [Read more...]
Whatever Happened To . . . Can. Aero v. O’Malley
Ethics disqualifies a director or senior officer from usurping for himself or diverting to another person or company with whom or with which he is associated a maturing business opportunity which his company is actively pursuing; he is also precluded from so acting even after his resignation . . . - … [Read more...]
Whatever Happened to … David Chen and Citizen Arrests
Arrest consists of the actual seizure or touching of a person’s body with a view to his detention. The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested submits to the process and goes with the arresting officer. – R. v. Latimer, [1997] 1 SCR 217 The … [Read more...]
Whatever Happened to … Childs v. Desormeaux: Killer Hospitality
Can you be held legally responsible if you serve a friend alcohol at your house and he or she then drives away and injures or kills another person? Alcohol-fueled social gatherings give rise to the issue of social host liability, both to guests and to third parties who may be affected by your … [Read more...]
Whatever Happened to … Mustapha v. Culligan: “Judge, There was a Fly in my Water!”
On November 21, 2001, while Waddah Mustapha and his wife were replacing the water dispenser at home, they spotted a dead fly and part of another inside the new, sealed Culligan water bottle. At the sight of the fly, Mrs. Mustapha vomited immediately. Mr. Mustapha became nauseous and suffered of … [Read more...]
What ever happened to … The Law of Sniffer Dog Searches: Part 2
Introduction: The Flux of Law This article illustrates how quickly and remarkably the common law can adjust when judicial principles change and when new judges are appointed to the Supreme Court of Canada. The common law is generally intended to endure. Judges describe what they do as not … [Read more...]