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This week at the SCC

|Written By Heather Gardiner

The Supreme Court of Canada will hear the following appeals this week. These are the last of the hearings scheduled for this year.

Photo: REUTERS/Jim Young

Dec. 12 — Federal Court — Halifax Regional Municipality v. R. in Right of Canada, as represented by the Minister of Public Works and Government Services

Administrative law: The Halifax Citadel is a national historic site and zoned as a regional park. The main dispute arose when the Halifax Regional Municipality and the minister of Public Works and Government Services disagreed on the Citadel’s value, which needs to be determined for federal tax purposes.

Dec. 13 — Manitoba — Manitoba Métis Federation Inc. v. Attorney General of Canada

Aboriginal law: Manitoba Métis Federation Inc. claims Canada didn’t meet the standard for a fiduciary when it implemented grants that dealt with land issues in accordance with the Manitoba Act. The trial judge ruled the case was statute-barred. The Court of Appeal applied the doctrine of mootness and would not address the issue of constitutionality.

Dec. 14 — Ontario — Linda Dale Gibbons v. R.

Criminal law: Linda Dale Gibbons is accused of displaying a protest sign within 60 feet of a clinic, which is in breach of an injunction restraining her from specific protest activities. She was charged with disobeying a court order, which she tried to quash by claiming that two of the Rules of Civil Procedure make it impossible to apply that section of the Criminal Code.

Dec. 14 — British Columbia — Damon William Knott v. R.

Criminal law: Damon William Knott was serving concurrent sentences in prison when he was given another six-month consecutive term and then an eight-month concurrent sentence plus probation. Another man, identified as D.A.P., was serving two years when he was sentenced to another three-year concurrent sentence. The issue is whether the Corrections and Conditional Release Act merges sentences for the purpose of s. 731(1) of the Criminal Code and if that section can be applied to more than one sentence. There is a publication ban in the case.

Dec. 15 — British Columbia — Matthew Leslie Maybin v. R.

Criminal law: A bar fight resulted in a man’s death. It’s alleged that two men and the bar’s doorman carried out separate assaults on the man and left him to die on the walkway outside the bar. At trial, the men were acquitted of manslaughter. The Crown appealed and the Court of Appeal ordered a new trial. In question is the doorman’s involvement in the man’s death.

Dec. 16 — Quebec — R. v. R.P.

Criminal law: A man is accused of committing sexual acts against his teenage sister-in-law between 1974 and 1979. The main issue is whether the trial judge made errors that led to an unreasonable verdict. There is a publication ban in the case.

The SCC will also release its ruling in:

Dec. 14 — Alberta — Information and Privacy Commissioner v. Alberta Teachers’ Association


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