Sentences with phrase «scc justice»

From the opposite side of the bench, judges notice a recurring set of errors and misapprehensions that institute sessions can help rectify, says SCC Justice Michael Moldaver.

Alumni of Victoria University include Lester Pearson, Margaret Atwood, and — as McLachlin noted in her remarks — SCC Justice Andromache Karakatsanis, who was awarded an honorary degree at last year's Charter Day.

The former SCC justice and students wholeheartedly agreed that the problem of access to justice can only be dealt with meaningfully when stakeholders put their fear of change aside, begin to communicate with one another and commit to funding creative solutions.

Tom Cromwell, NAC Chair & former SCC Justice In our last episode of the season, Julie talks to former Supreme... read more

Unlike former SCC Justice Binnie, who focused in his commissioned analysis principally on s. 5, Daly looks at s. 6 and particularly at its legislative history.

He succeeded retired SCC justice Charles Gonthier.

The new process — through which qualified lawyers and persons holding judicial office in Canada may apply to the Independent Advisory Board for Supreme Court of Canada Judicial Appointments through the Office of the Commissioner for Federal Judicial Affairs — was launched last year as Justice Thomas Cromwell prepared to retire from the Supreme Court; Malcolm Rowe became the first SCC justice to be appointed by this process.

even tho some of his significant IP decisions have gone against my own views, i think that having another SCC justice who is familiar with IP issues can only be a benefit going forward.

The final round was judged by SCC Justice Thomas Cromwell, Justice François Doyon of the Quebec Court of Appeal, and Justice Holly Beard of the Manitoba Court of Appeal.

One of the lawyers interviewed is the daughter of former SCC Justice Louise Arbour and a prosecutor for the Justice Department.

The nine SCC justices took less than 10 minutes to come to the decision to dismiss all appeals in November, 2017.

Frankly, if the SCC justices are going to dabble in comparative legal analysis in order to «inform» the content of Canadians» constitutional rights, I'd prefer they stick to countries that observe the rule of law.

Not exact matches

The majority opinion, written by Justice Encarnación Roca, is not remarkably lengthy for an SCC decision; its «Legal Reasoning» section has 4 parts, the first one being introductory.

Nor are we persuaded that the failure to disclose the alternatives to that procedure fall within the meaning of «misrepresentation» as discussed by Chief Justice Laskin in Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880, 114 D.L.R. (3d) 1, 14 C.C.L.T. 1.

Justice Adela Asua celebrates the dialogue initiated between the SCC and the CJEU in this case.

Wagner, who built his career in Quebec as both a lawyer and judge, was first appointed as a justice of the SCC in 2012.

The third one, though, written by Justice Andrés Ollero, complained that the judicial dialogue between the SCC and the CJEU had «unnecessarily [been given] a sense of a monologue where assent is compulsory.»

The SCC, however — in a unanimous decision written by Justice Michael Moldaver — made clear the constitutional obligation to weigh proportionality rests with the court, not the prosecutor:

In recent months, the Spanish Constitutional Court (SCC) has issued a series of decisions related to EU law that show an interesting combination of both openness toward the European legal order and a certain degree of apprehension to the growing role of the Court of Justice of the European Union (CJEU) in constitutional matters.

It is difficult not to feel that the result of the first preliminary reference submitted by the SCC was not satisfactory for the Spanish court and that at least some of the Justices felt that the CJEU had not engaged in this contact in a constructive, bilateral manner, but rather in an imposing way.

Mr. Justice Rothstein affirmed the meaning of «relevance» in R. v. White, 2011 SCC 13:

n Baier v Alberta, 2007 SCC 31 [Baier], Justice Rothstein of the Supreme Court of Canada articulated a test for whether an underinclusive statutory platform of expression infringes section 2 (b) of the Canadian Charter of Rights and Freedoms, and thus whether a claimant has a positive entitlement to access that platform.

One of the saddest chapters of Bill Kaplan's excellent biography Canadian Maverick — the Life and Times of Ivan C. Rand, is his account of Justice Rand's post SCC appointment as the founding Dean of the University of Western Ontario's Law School.

Justice Abella was the sole dissent deciding that the AEPA did not meet the standards enunciated in Health Services and Support — Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27, released after the AEPA was drafted.

In the leading case of R. v. Mentuck, 2001 SCC 76, Justice Iacobucci set out the circumstances when a publication ban could be ordered:

Retired Supreme Court justice Morris Fish was appointed a Companion of the Order of Canada for his «eminent service» as a jurist, particularly on the SCC bench from 2003 - 13.

At a recent CBA / SCC Liaison Committee meeting on Posting of Factums on the Web, the Supreme Court Justices raised questions concerning a number of legal and practical issues: * Who holds copyright in factums?

Because court filings are public records, I think that syndicating SCC factums via public RSS feeds, and attaching to them a Canadian Creative Commons license («Attribution — no derivative — no commercial use» comes to mind), would be not only be fair; but would promote a better understanding of the Canadian Justice system.

A serious risk to public interests other than «proper administration of justice» can also meet this branch of the test (Sierra Club of Canada, 2002 SCC 41).

The SCC concluded that these provisions offended the Charter section 7 right to life, liberty and security of the person, and were not in accordance with the principles of fundamental justice.

R v. Nasogaluak, 2010 SCC 6 where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal justice process.

See the comments of Justice Binnie in R. v. Henry, [2005] 3 SCR 609, 2005 SCC 76.

the development of a capability to accept electronic case filing via a portal that will feed into the electronic document and records management system so that documents are immediately accessible to Justices and SCC staff as well as in the Courtroom

[1] In R. v. Jordan, 2016 SCC 27 (CanLII), [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system.

No wonder people don't trust the justice system — let's hope he appeals to the SCC.

Justice Rothstein wrote the judgment of the 7 member court: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9

Time will tell if the SCC's decision in Hryniak actually brings about the «culture shift» in the civil justice system it seeks to facilitate.

Even Justice Frank Iacobucci had a gavel at the SCC and the BCSC talks about gavel - to - gavel coverage in R. v. Pilarinos, (2001), 158 C.C.C. (3d) 1, (2001), 88 C.R.R. (2d) 33.

While it is, I expect, formally true that Mr. MacKay, as Justice Minister, is the person whose name is on the submission to the SCC, and who is shown as the sponsor of the bill, one would think that an article in the newspaper, that purports to be Canada's national paper, wouldn't mistake the Justice Minster for the Prime Minister.

In McLean v British Columbia (Securities Commission), 2013 SCC 67, Justice Moldaver restated the presumption that a statutory decision - maker's interpretation of its home statue will attract the reasonableness standard (at paras 20 — 24).

Then in 2011 Justice Rothstein, this time writing for the majority in Alberta (Information and Privacy Commissioner) v Alberta Teachers» Association, 2011 SCC 61, wrote that the principle of judicial deference asserted in Dunsmuir had evolved to the point where there is a presumption the standard of review is reasonableness where a statutory decision - maker applies and interprets its home statute (at para 39).

In deciding the admissibility of these testimonies in Magoon, Madam Justice R.E. Nation applied the law set out by the Supreme Court of Canada (SCC) in R v Hart, 2014 SCC 52.

In overturning Justice Campbell's decision, the Court of Appeal also applied the Weber principle, and adopted the British Columbia Court of Appeal's articulation of the legal test (Parry Sound in British Columbia Teachers» Federation v. British Columbia Public School Employers» Association, 2005 BCCA 92 (CanLII), 136 L.A.C. (4th) 225, leave to appeal to SCC refused, [2005] S.C.C.A. No. 180):

The whole process of Nadon's questionable appointment (which in the end got a big thumbs down from the SCC bench and was just one of a series of recent rulings that did not go in the government's favour) shows the government / prime minister / justice minister / anyone else in the ruling party who should know better that unwarranted attacks on the judiciary and its leaders won't be tolerated.

In Canada, the recent majority judgment in Quebec (Attorney General) v. A., 2013 SCC 5, more commonly known as Eric v. Lola, is also an instance of Supreme Court justices deferring to the Quebec legislature's choice to draw a distinction between treatment of common law and married spouses.

Justice Ian Binnie stated the following in Free World Trust v. Électro Santé Inc., 2000 SCC 66 at para 66:

«For prospective clerks, the move to four clerks per chambers is undoubtedly good news,» says Jocelyn Stacey, assistant professor at the Allard School of Law at the University of British Columbia and former SCC clerk to Justice Marshall Rothstein.

The government did not nominate / appoint Justice Marc Nadon to the SCC until the end of September.

Only Chief Justice McLachlin and Justice LeBel J. remain from the panel that decided Walker Estate v. York Finch Hospital, [2001] 1 S.C.R. 647, 2001 SCC 23.

Justice Brown cited the Supreme Court's decision in Doré v Barreau du Québec, 2012 SCC 12 regarding the reasonableness of a decision by the Disciplinary Council of the Barreau du Québec.