When does a sniff amount to an illegal search? The Supreme Court of Canada recently weighed in on this question and the decision changes the law in Canada from what it had previously been. What was the law prior to the recent decision? Assume you are walking along the street or are on public … [Read more...]
Whatever happened to … Crocker vs. Sundance
Introduction Crocker v. Sundance Northwest Ltd (1985) 20 D.L.R. (4th) 552 (Ont. C.A) is one of the most interesting negligence cases in Canada in the last quarter century. It is a unanimous decision from six judges of the Supreme Court of Canada that covered a tragic scenario on a ski hill. The … [Read more...]
Whatever Happened to… Tilden Rent A-Car
The Facts Mr. John Clendenning of Woodstock, Ontario travelled a lot in his work and often rented a car from the Tilden Rent‑A‑Car Company when he was away from home. He would get extra insurance protection in the event he had an accident with the rental vehicle. On a trip to Vancouver he picked … [Read more...]
Whatever Happened to … Moore and Bertuzzi?
Introduction Steve Moore grew up in Thornhill, Ontario. After graduating high school in 2001, he played hockey with Harvard University for a few years. In the 2003-04 season, he broke through to sign with the Colorado Avalanche of the National Hockey League (NHL), playing defense on the third and … [Read more...]
Casey Hill and the Church of Scientology
Freedom of speech, like the other fundamental freedoms, is freedom under the law, and over the years the law has maintained a balance between, on the one hand, the right of the individual … whether he is in public life or not, to his unsullied reputation if he deserves it, and on the other hand … … [Read more...]
Whatever Happened to … R. v. Sault Ste. Marie: the Due Diligence Defence
There is an increasing and impressive stream of authority which holds that where an offence does not require full mens rea, it is nevertheless a good defence for the defendant to prove that he was not negligent. – R. v. Sault Ste. Marie, per Dickson J. at page 1313 Introduction In 1985, shortly … [Read more...]
Whatever Happened To … Roncarelli v. Duplessis
[A]ction dictated by and according to the arbitrary likes, dislikes and irrelevant purposes of public officers acting beyond their duty, would signalize the beginning of disintegration of the rule of law as a fundamental postulate of our constitutional structure. – Roncarelli v. Duplessis, … [Read more...]
Whatever Happened To… The Edmonton Journal and Freedom of the Press in Canada
Every person who is the proprietor, editor, publisher or manager of any newspaper published in [Alberta], shall when required to do so by the Chairman [of the Social Credit Board], publish in that newspaper any statement furnished by the Chairman which has for its object the correction or … [Read more...]