Heather Gardiner

This week at the SCC
Posted Date: January 16, 2012

The Supreme Court of Canada will hear the following four appeals this week:

Jan. 16 — Federal Court — Alliance of Canadian Cinema, Television & Radio Artists v. Bell Aliant Regional Communications LP

Administrative law: The Canadian Radio-television and Telecommunications Commission sought a reference from the Federal Court of Appeal to determine the status of Internet service providers, specifically do retail ISPs carry on broadcasting undertakings by providing access to broadcasting via the Internet?

Jan. 17 — Quebec — Tessier Ltée v. Commission de la santé et de la sécurité du travail

Constitutional law: This case involves labour relations and the division of powers. The dispute is whether Tessier Ltée’s undertaking of providing heavy equipment rental services and longshoring services falls under provincial or federal jurisdiction.

Jan. 18 — Quebec — Attorney General of Quebec v. A

Charter of Rights and Freedoms: The applicant in this case is challenging the constitutionality of several provisions in Quebec’s Civil Code that do not grant the same rights to those in common-law relationships as those who are married. The applicant lived with a partner for seven years and they had three children together. Following their separation, the applicant filed a motion in the Superior Court seeking child custody, support, a lump sum, use of the family residence, a provision for costs, and an interim order. There is a publication ban and sealing order in the case.

Jan. 19 — British Columbia — Attorney General of Canada v. Downtown Eastside Sex Workers United Against Violence Society

Charter of Rights and Freedoms: The respondents allege that several sections in the Criminal Code related to prostitution infringe on certain Charter rights. At issue is whether the respondents’ challenge of the constitutionality of those sections has public interest standing.

The SCC will also release the following ruling this week:

Jan. 20 — British Columbia — Catalyst Paper Corp. v. Corp. of the District of North Cowichan

Municipal law: Catalyst Paper Corp. challenged the District of North Cowichan’s property tax rates, claiming the rates were unreasonable because they have no relationship to the municipal service it uses or consumes. Catalyst sought a declaration that the property tax rate is illegal but the judge dismissed the petition. The main issue is whether a municipality has legislative discretion, including setting property tax rates, without statutory criteria.

News roundup — January 17, 2012
Posted Date: January 17, 2012

Canada

Nortel fraud trial begins in Toronto, Reuters

Military official faces espionage charges, Reuters

Corruption trial begins for 5 ex-Toronto Police officers, National Post

United States

Gun registry appeals new rifle reporting regulations, Reuters

Cruise ship victims may be barred from suing in U.S., Reuters

International

Thai police seek to detain Hezbollah suspect, Reuters

Jordanian cleric won't be deported: European court, Reuters

News roundup — January 13, 2012
Posted Date: January 13, 2012

Canada

Que. court delays Rwandan's deportation, The Gazette

Man convicted after Ont. judge upholds nudity laws, National Post

Canadian billionaire charged in massive U.K. bribery case, Toronto Star

United States

CEOs seek reversal of SEC-Citigroup ruling, Reuters

Rhode Island school ordered to remove prayer mural, Reuters

International

Kenya court pushes elections to March 2013, Reuters

Polish court rules against communist leaders who imposed martial law, Reuters

Law students raise nearly $5,000 in charity auction promises
Posted Date: January 12, 2012

A home-cooked meal with the dean, a guided snowshoe trip in High Park, a one-hour flight with acrobatics, a cappella serenading the person of your choice, lunch with Liberal MP Bob Rae, a bagpipe performance — these are just some of the promises that were auctioned off at the University of Toronto Faculty of Law on yesterday to raise money for the First Nations Child & Family Caring Society of Canada.

Lunch with Bob Rae was one of the promises up for auction. (photo: Reuters/Blair Gable)

Organized by first-year law student Andrew Stobo Sniderman, the auction raised a total of $4,891. He says most donors were initially reluctant to sign up and it took a lot of convincing on his part. “Most people will say, ‘Oh I don’t really have anything to give.’ And then you say, ‘Actually you do, take a look at what other people are doing and you will be inspired,’” he says. In the end, students, alumni, and faculty members sold 79 promises.

Stobo Sniderman came up with the idea to auction off promises from friends who held a similar event at the University of Oxford. “I always thought it was fantastic because you get to build community and raise lots of money, and you get to sell things that you can’t normally buy,” he explains.

“It doesn’t have to cost anything at all, it’s not about buying something. It’s about sharing something that you know or sharing some talent that you have,” he adds. For example, some promises include homemade baked goods, handmade clothing, and various music lessons.

The 1L student has been following the FNCFCS’ case against the federal government, which was brought before the Canadian Human Rights Commission, accusing it of underfunding child welfare services for aboriginal children living on reserves.

“I wanted to raise awareness about it and support the litigation,” says Stobo Sniderman. And he wanted to raise awareness in a way that would be fun for law students, especially since they tend to be study-oriented and pretty stressed out most of the time, he says.

Following the success of this year’s auction, Stobo Sniderman is looking for a sponsor to make next year’s event even bigger.

Click here to see some of the other promises from the auction.

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News roundup — January 11, 2012
Posted Date: January 11, 2012

Canada

Boys accuse Edmonton doctor of sexual assault, Edmonton Journal

Bail denied for 2 of 3 accused in poker star robbery, The Gazette

New trial ordered in cocaine case against ex-boxer, The Province

United States

Credit card claims to be resolved by arbitration: court, Reuters

Top court dismisses inmate's lawsuit against prison workers, Reuters

International

Israel moves to curb public use of Nazi symbols, Reuters

Egyptian opposition activist banned from leaving country, Reuters

This week at the SCC
Posted Date: January 09, 2012

The Supreme Court of Canada starts its winter session today. Here are the appeals the SCC will be hearing this week.

Jan. 9 — Saskatchewan — Benjamin Cain MacKenzie v. R.

Charter of Rights and Freedoms: Benjamin Cain MacKenzie was stopped by two RCMP officers along the TransCanada Highway. The officers used a sniffer dog to search his vehicle and found 31.5 pounds of marijuana. MacKenzie was arrested for possession of a controlled substance for the purposes of trafficking. At issue is whether the officers violated his right to be secure against unreasonable search and seizure under the Charter of Rights and Freedoms by conducting a sniff search of his vehicle.

Jan. 9 — Alberta — Kaitlyn Ruth Smith v. R.

Criminal: Kaitlyn Ruth Smith was the driver of a vehicle involved in a car accident, in which one of the four passengers was killed. Blood and other samples were taken from Smith at the hospital. Following the toxicology report, she was charged with impaired driving causing death among other charges. At trial, the Crown failed to establish the reliability of the hospital’s analysis of Smith’s blood alcohol level and she was acquitted. The Alberta Court of Appeal allowed the appeal and ordered a new trial.

Jan. 11 — Ontario — Wayne Penner v. Regional Municipality of Niagara Regional Police Services Board

Civil procedure: During a trial, Wayne Penner was arrested for causing a disturbance. He filed a complaint with the Niagara Regional Police Services Board but the arrest was upheld. Penner then sued the Police Services Board for unlawful arrest, unnecessary use of force, false imprisonment. and malicious prosecution.

Jan. 12 — Federal Court — Toronto-Dominion Bank v. R.

Legislation: This case involves a dispute over $12,014 that a company owed the federal government in previously collected GST and Revenu Québec’s requirement that TD Bank pay part of it from the company’s bank account.

Jan. 13 — Federal Court — R. v. GlaxoSmithKline Inc.

Taxation: The minister of National Revenue reassessed GlaxoSmithKline Inc. by increasing its income based on the fact that it overpaid its non-arm’s length supplier for the pharmaceutical ingredient ranitidine. The Tax Court of Canada upheld most of the reassessments but the Federal Court of Appeal set aside the Tax Court’s decision and ordered the case be reheard.

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