Legal Feeds on October 9, 2018

This week at the SCC

The Supreme Court of Canada will hear three appeals this week, its first of the fall session. The first two appeals involve charges of sexual assault against Indigenous persons, while the third concerns an alleged Charter breach in a search-and-seizure case.

October 10 – Manitoba – J.W. and REO Law Corporation v. Attorney General of Canada, et al.

Civil procedure, class actions: While a student at an Indian residential school, a nun grabbed the appellant J.W.’s penis while he was in line for the shower. Following the establishment of the Independent Assessment Process under the Indian Residential Schools Settlement Agreement, J.W. filed a claim arguing compensable sexual abuse, which was denied on the basis that he had failed to establish the nun’s act had a “sexual purpose.” A supervising judge for the IRSSA in Manitoba partially granted the declaration sought by J.W. and found that the review adjudicators had failed to correct the error of the original hearing adjudicator, namely that J.W. needed to prove a “sexual purpose.” The Manitoba Court of Appeal allowed Canada’s appeal, finding that the supervising judge had exceeded his jurisdiction and misinterpreted the terms of the IRSSA.

Read the appellate court decision here.

Legal news Roundup

Canada

CDPQ, Al Gore's Generation buy majority stake in fintech firm FNZ, Reuters

Petition calls for national ban on 'conversion therapy' for LGBT youth, CBC News

Quebec set to become the most restrictive province in Canada for cannabis use, Globe and Mail

United States

Trump falsely says Kavanaugh was 'proven innocent' at swearing-in ceremony, The Guardian

Trump to lift ban on higher-ethanol gasoline ahead of November elections, Reuters


International

Unions accuse Chevron of 'massive' tax avoidance via the Netherlands, Reuters

Dutch appeals court upholds landmark climate change ruling, The Guardian