The Complete Brief
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February 13, 2026
CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Demonstrably justified in free and democratic society - Oakes test - Mobility rights
Appeal by Taylor and the Canadian Civil Liberties Association (CCLA) from a judgment of the Newfoundland and Labrador Court of Appeal which dismissed an appeal on the ground of mootness. During the COVID-19 pandemic, Newfoundland and Labrador (the “Province”) took steps to regulate travel into the province by non-residents.
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February 13, 2026
Federal Court of Appeal rules importers bear burden of proof in tariff classification disputes
The Federal Court of Appeal has overturned a ruling by the Canadian International Trade Tribunal finding that the Canada Border Services Agency (CBSA) bore the onus of establishing that a folding knife classified as a prohibited weapon did not qualify for a statutory exclusion.
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February 13, 2026
Federal Court revokes citizenship of human rights violator, but why did it take so long?
Canada’s immigration and refugee systems are among the most generous in the world. They are designed to protect the persecuted. But those systems depend on a fragile and indispensable foundation: truthful disclosure. The Federal Court’s decision in Canada (Minister of Citizenship and Immigration) v. Sosa Orantes, 2026 FC 159 makes clear that when that foundation is deliberately undermined, immigration policy itself is placed at risk.
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February 13, 2026
Self-represented with duty counsel help wins new trial at Ontario Court of Appeal
When Abraham Lincoln was running for president of the United States in 1864, some advised him to change his vice-presidential running mate, while others cautioned him not to “change horses in midstream.” The adage persists to this day. Dismissing counsel during trial and retaining new counsel can also be risky. Yet that is what Kishoyian Kipusi did anyway.
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February 13, 2026
WILLS - Preparation and execution - Attestation - Formal validity, requirements
Appeal by appellants from an order validating unsigned 2024 draft wills. The testator, John, died in May 2024 after a lengthy illness. He was in a common-law relationship with the respondent, Jennifer, for 14 years and was previously married to Irene, with whom he had two sons, Jeffrey and David. David’s son, Shawn, was John’s only grandchild.
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February 12, 2026
‘Distemper of our times’ calls for judges to balance restraint with principled ‘bold action’: CJ Joyal
“Bold” but “properly calibrated” judicial action, rather than reflexive judicial reticence and reserve, is sometimes necessary to preserve public confidence in the justice system — a confidence on which the foundational principle of judicial independence depends, says Manitoba Court of King’s Bench Chief Justice Glenn Joyal.
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February 12, 2026
Bill C-21 introduced for Manitoba Métis Federation self-government treaty
Minister of Crown-Indigenous Relations Rebecca Alty has introduced Bill C-21, which, if passed, will give effect to the Red River Métis Self-Government Recognition and Implementation Treaty. This would be the first self-government treaty reached with a Métis government in Canada.
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February 12, 2026
Manitoba supporting projects protecting women, gender-diverse people
Manitoba’s government is furthering its efforts to protect women and gender-diverse residents from violence through its funding of a recently launched community program.
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February 12, 2026
Tax Court varies reassessments for company that underreported $6 million
In the Tax Court of Canada decision of Premier Fasteners Inc. v. Canada, 2026 TCC 2 (Premier), the key fact underlying numerous complicated tax issues was Canada Revenue Agency’s (CRA) assessment that the appellant failed to report millions of dollars in revenue. This included failing to convert foreign sales income to Canadian currency.
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February 12, 2026
B.C. court denies leave to appeal orders upholding municipal privilege claims
The B.C. Court of Appeal has denied a project developer leave to appeal orders upholding case-by-case privilege over certain municipal documents in litigation related to the terminated North Shore Wastewater Treatment Plant project in North Vancouver, B.C.