This week at the SCC

This week, the Supreme Court of Canada begins its spring session. The court will hear two appeals. One involves jurisdiction around border-straddling properties, and the second is a procedural appeal involving a successful Charter defence where no such argument was made at trial.

April 21 – Federal – Windsor v. Canadian Transit

Jurisdiction: The city of Windsor, Ont.’s bylaws required repairs of 114 properties owned by the respondent, including the Ambassador Bridge between Windsor and Detroit. The respondent sought a declaration in Federal Court that the properties owned by the respondent fall under federal jurisdiction and are not subject to the city’s bylaws. The city of Windsor’s motion to strike the application was set aside by the Federal Court of Appeal. The SCC will determine whether constitutional principles grant the Federal Court and Federal Court of Appeal jurisdiction to determine such matters.

Read the Federal Court of Appeal’s decision

Related news stories:

Supreme Court of Canada to hear Windsor, Ambassador Bridge case, CBC

Fate of Ambassador Bridge plans in top court’s hands, Windsor Star

April 22 – Quebec – Morasse v. Nadeau-Dubois

Civil procedure: The applicant here was a university student in Quebec who wanted to attend classes amid a student protest. Morasse successfully argued at trial that the respondent, the leader of a student protest movement, was in contempt for having publicly urged students to picket on campus despite a court injunction. The trial decision was overturned on appeal, and the SCC will determine whether the appeal court erred in allowing a freedom of expression defence when no constitutional argument had been made at trial.

Read the Quebec Court of Appeal decision

Related news stories:

Gabriel Nadeau-Dubois, Quebec student protest leader, to have case heard by Supreme Court, CBC

Supreme Court will hear appeal involving Gabriel Nadeau-Dubois, Montreal Gazette

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