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SCC splits over excluding illegally-obtained evidence in case with ‘consequential’ Charter breaches
Malcolm Rowe
Supreme Court of Canada Justices Malcolm Rowe and Michelle O’Bonsawin explained that absent additional or independent state misconduct, a Charter breach that is entirely ‘consequential’ on an initial Charter violation is ‘unlikely to significantly increase the overall seriousness’ of the Charter infringing state conduct under the Grant analysis for excluding evidence under s. 24(2) of the Charter.

Friday, December 01, 2023 @ 6:02 PM

Addressing how courts should analyze whether to exclude evidence obtained through a Charter breach in cases that feature subsequent “cascading” or “consequential” constitutional breaches, the Supreme Court of Canada declined 3-2 to exclude from evidence more than 100 pounds of cannabis illegally seized by police in breach of an accused’s ss. 9 and 8 Charter rights to be free from arbitrary detention and unreasonable search or seizure. ... [read more]

International Maritime Organization Council re-elects Canada for two-year term

Friday, December 01, 2023 @ 4:20 PM

Canada has been re-elected to the International Maritime Organization (IMO) Council for the 2024-25 term in Category B, states with the largest interest in international seaborne trade. This trade amounted to $345 billion in 2022. ... [read more]

LSO votes to keep, enhance its certified specialist designation

Friday, December 01, 2023 @ 2:21 PM

The Law Society of Ontario has narrowly voted to keep its Certified Specialist Program and have lawyers who hold such a designation complete additional professional development training. ... [read more]

Alberta law society approves budget, fee increase at board meeting

Friday, December 01, 2023 @ 2:12 PM

Lawyers in Alberta will see an increase in their practice fees next year after the Law Society of Alberta (LSA) approved a budget for 2024 at its most recent board meeting. ... [read more]

Federal Court of Appeal deems loss monetization abusive, finds de jure control irrelevant

Friday, December 01, 2023 @ 2:10 PM

The Federal Court of Appeal has held that a series of transactions undertaken to monetize an insolvent corporation’s non-capital losses was subject to the general anti-avoidance rule (GAAR) as they frustrated the object, spirit and purpose of s. 111(5) of the Income Tax Act (ITA). ... [read more]

Canada’s securities regulators propose binding regime for investor complaints

Thursday, November 30, 2023 @ 4:35 PM

The council of the securities regulators of Canada’s provinces and territories has introduced a proposed regulatory framework for an independent dispute resolution service with the authority to issue binding final decisions regarding client complaints against registered firms, including investment dealers and advisers, according to a release. ... [read more]

Google to contribute $100 million annually to Canadian news sources

Thursday, November 30, 2023 @ 4:34 PM

Minister of Canadian Heritage Pascale St-Onge has announced that Google is to contribute $100 million in financial support annually as part of the framework for the implementation of the Online News Act. This announcement came after weeks of productive discussions, she said. ... [read more]