Lawyers Weekly Canada

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Quebec jurists are eligible for Cromwell spot

Port aux Basques Gulf News - The Lawyers WeeklyLawyers Weekly CanadaFederal Court and Federal Court of Appeal judges from Quebec, including Justice Marc Nadon, are...

SCC rules swabs don't violate Charter

The Supreme Court's decision authorizing police to swab DNA from the penises of some sexual assault suspects incident to their arrest raises the question whether...

Sweeping power of CRA rolled back by Supreme Court ruling

Writing for the court, Justices Richard Wagner and Clément Gascon noted that the top court has previously held “that professional secrecy is a principle of...

Rate hike on mortgage in arrears slapped down by Supreme Court

Dissenting Justices Rosalie Abella, Michael Moldaver and Suzanne Côté said s. 8, as an exception from the foundational general rule of freedom to contract, should...

Indigenous jurist should head the line, advocates say

1 retirement of Nova Scotia's Thomas Cromwell, the Liberals can make enormous symbolic and substantive progress in implementing their vow to reconcile with Canada's indigenous...

Defence counsel worries decision may mean yielding too much turf

Officials of international organizations can breathe easier after the Supreme Court ruled 9-0 that key immunities guaranteed by an international treaty — signed by Canada...

Top court recommends 'safety valves'

Counsel say Chief Justice Beverley McLachlin's April 15 judgments in separate cases from Ontario and British Columbia are the top court's most explicit warning yet...

Supreme Court M├ętis ruling perceived as 'game changer'

The Supreme Court's groundbreaking ruling that Ottawa has constitutional responsibility for the Métis and non-status Indians is expected to bring gains in education, health, social...

Drapeau seen as inside track SCC contender

Senior members of the legal community speculate the Trudeau government will elevate New Brunswick Chief Justice Ernest Drapeau to the Supreme Court of Canada, citing...

Uneasiness over ruling buying time

The Supreme Court's 9-0 decision granting Parliament more time to come up with a law on physician-assisted death has cast a critical spotlight on the...

'Some credible evidence' needed to greenlight class action lawsuits

Plaintiffs' counsel seeking judicial permission to launch investor class actions for secondary market misrepresentations must speedily compile a substantial evidentiary record if they hope to...

Bilingualism ruling seen as 'major setback'

The Supreme Court's refusal to constitutionally entrench “legislative bilingualism” in Alberta moves the fight for French language services in that province back to the political...

Military defence Charter thrust parried in Supreme Court ruling

“Bottom line, the Supreme Court of Canada stated that the purpose of the military justice system is to deal with matters that pertain both directly...

Curry sees 'very dramatic shift' in handling of paramountcy law

Counsel say the Supreme Court has made it easier for federal laws to trump overlapping provincial ones — possibly tilting the delicate balance of co-operative...

Top court warns fairness a must in roadside driving suspensions

The Supreme Court has affirmed that provinces can move their main efforts to combat impaired driving away from costly court proceedings to automatic roadside driving...

Daly praises Rothstein's ability to tackle 'heavy lifting' at SCC

Toronto StarAlthough he experienced restrained and respectful questioning by MPs in 2006, the process pioneered by the Conservatives (and now scrapped) turned more partisan in...

Lawyer fears top court ruling will ease path for prosecutors

Justice Marshall Rothstein and Thomas Cromwell's ruling on behalf of four judges marks the Supreme Court's first pronouncement on s. 163.2 of the Income Tax...

Crampton looking forward to new progress on big challenges

They implement a Supreme Court directive in Hryniak v. Mauldin [2014] S.C.J. No. 7 that in civil justice the process must be proportionate to the...

Supreme Court sets the bar high for liability in application review

But in jointly written reasons for the court, Justices Richard Wagner and Clément Gascon held that Hinse “cannot reasonably argue that a minister failed to...

Top court: Opportunity to serve trumps ultimate jury composition

Lawyers say the Supreme Court's narrow view of the state's constitutional obligation to compile a representative jury roll could, at worst, constrain Ontario government efforts...

Despite one man's SCC success little ground gained, says lawyer

... Beverley McLachlin and Justice Andromache Karakatsanis argued that imposing a fault requirement on the Crown as a prerequisite to Charter damages is inconsistent with...

Victory at top court doesn't mean end of turf war over appointments

The Supreme Court's recent ruling that Federal and Tax Court judges can be appointed to Quebec's superior courts, in tandem with a recent Barreau du...

Ruling takes wider view on faith freedom

Lawyers predict the Supreme Court's rejection of Quebec's narrow formulation of religious freedom in education will reverberate in other cases, including perhaps Trinity Western University's...

Mandatory minimums branded ineffective, overly constraining

The Supreme Court should stem the rising tide of mandatory minimum penalties by taking a “more robust” approach to the Charter's protection of fundamental justice...

Mandatory minimums branded ineffective, overly constraining

The Supreme Court should stem the rising tide of mandatory minimum penalties by taking a “more robust” approach to the Charter's protection of fundamental justice...