case law Archives - Page 2 of 7 - LawNow Magazine

When Prosecution Met Defence: The Michael Bryant Case

Facts of the Case At 9:47 p.m. on Aug. 31, 2009, former Ontario attorney general and CEO of Invest Toronto Michael Bryant, driving home after dinner with his wife, had a violent encounter with a younger man on a bicycle, Darcy “Allan” Sheppard. Sheppard was drunk, and at a traffic light on Bloor St. W. […]

Authors:

J. Mark Smith
J. Mark Smith is a professor of English at MacEwan University in Edmonton, Alberta.
 

Essential Services and the Right to Strike

On January 30, 2015, the Supreme Court of Canada decided Saskatchewan Federation of Labour v Saskatchewan (“SFL”). In a 5-2 decision, the Court determined that the Public Service Essential Services Act (“PSESA”), in restricting certain public sector workers’ rights to strike, violated freedom of association rights under section 2(d) of the Canadian Charter of Rights […]

Authors:

Matt Gordon
Matt Gordon is a student in the faculty of law at the University of Alberta and a member of Pro Bono Students Canada. (2014)
 

Bench Press 39-4: Consent is a Matter of Life and Death

The British Columbia Court of Appeal recently ruled on a case involving an Alzheimer’s patient and her ability to give consent. It looked at a number of questions that will be raised as Canadians come to grips with the recent Carter decision of the Supreme Court of Canada (Carter v. Canada (Attorney General), 2015 SCC […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the former Editor and Legal Writer for LawNow at the Centre for Public Legal Education Alberta.
 

Bench Press 39-4: The Charter Protects Proms

Two graduating high school students in Ontario launched a Charter challenge to their school principal’s decision to have a mandatory breathalyser test at their prom. They argued that the mandatory test was a violation of their s. 8 Charter right to be free of unreasonable search and seizure. Justice Himel of the Ontario Superior Court […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the former Editor and Legal Writer for LawNow at the Centre for Public Legal Education Alberta.
 

Bench Press 39-4: A Will Against Public Policy

Law students are taught in Wills and Estates law that a Will can be set aside as being against public policy, but rarely does this possibility become a reality. However, in January, 2015 a Superior Court Justice in Ontario set aside the Will of Emanual Spence for exactly that reason. Rector Spence, a black pastor […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the former Editor and Legal Writer for LawNow at the Centre for Public Legal Education Alberta.
 


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