Dislike of Khadr settlement does not entitle critics to disregard law or factsOmar Khadr is a polarizing figure. To some, Khadr is a child soldier who was brainwashed by his parents and then abandoned by the Canadian government in the notorious and illegal Guantanamo Bay detention camp in Cuba. To others, Khadr is a terrorist deserving of no sympathy.
Published in Web exclusive content
Monday, 10 July 2017 09:00

John and Jane Doe, beware!

John and Jane Doe, beware!Faced with the inherently cross-border and intangible nature of cyberspace, the courts struggle to impose sanctions on people who use the Internet to commit unlawful acts. In fact, orders whose aim is to limit illegal acts committed on the web often remain unenforceable, because they cannot be enforced against the main perpetrators when, as is often the case, they are located in another jurisdiction. Is cyberspace, therefore, destined to remain a zone of impunity?
Published in Issue Archive
Tuesday, 04 July 2017 09:00

Playing the Jordan ‘Trump’ card

Canada’s 150th birthday also marks a darker anniversary. It’s been one year since the Supreme Court of Canada ruled in R. v. Jordan.
Published in Commentary
It’s settled: Medical evidence is not required for moral damages suffered by employeesIn employment law, moral damages are awarded to compensate an employee for the employer’s bad-faith manner of dismissal where it was reasonably foreseeable that such conduct would lead to the plaintiff’s mental distress. The question of whether a plaintiff is required to adduce medical evidence in order to obtain moral damages has plagued litigators in this area.
Canadian courts have rendered contradictory decisions, and counsel on both sides have been able to point to appellate authority that supports their clients’ position.
Published in Web exclusive content
Monday, 26 June 2017 09:00

The SCC’s place in the world

Illustration: Jeannie Phan
Illustration: Jeannie Phan
Top courts in other countries play very different roles than Canada’s Supreme Court.
Published in Commentary
Queering refugee claims: IRB gets rid of problematic stereotypes and impossible paradoxesKudos to Canada’s Immigration and Refugee Board for its new guideline designed to prevent queer refugee claims from being unfairly dismissed.  
Published in Web exclusive content
Monday, 01 May 2017 09:01

Court Delays

Court DelaysR. v. Jordan was a wakeup call, but did it really address root causes?
Monday, 01 May 2017 09:00

The solution to court delays

Did the Supreme Court of Canada help anything when it released R. v. Jordan last July, giving courts a timeline before criminal charges are stayed due to delay? Regardless of how you answer that question, you can’t deny that the decision has had an effect. The SCC essentially launched a grenade into the debate about trial delays and how to fix them.
Published in Commentary
Monday, 10 April 2017 09:00

Piercing the judicial veil

Piercing the judicial veilWhen I started practising, it seemed that judges were revered, hardly questioned, seldom heard in public and occupied rarified positions in our society. Not many people would suggest that a judge lived on their street or rode the bus. No one would question their judgments, ethics or stability and certainly not in the media.
Published in Web exclusive content
Supreme selfie: Talking A2J with a former Supreme Court of Canada justiceJudges, lawyers, law students and the public continue to grapple with the access to justice crisis that is far-reaching across the country. Too often, we lament that the system is too complex, too slow and too expensive. The most marginalized members of Canadian society experience significant barriers navigating the justice system on a daily basis.
Published in Latest News
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