Constitutional
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July 15, 2025
Ontario court expands right to reconsult counsel for strip searches
Ontario’s top court has ruled that the invasive nature of strip searches requires a second consultation with legal counsel after a suspect has been arrested.
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July 15, 2025
B.C. court affirms Labour Board’s power to bar shifting ‘struck’ work beyond province
The British Columbia Court of Appeal has upheld an order that barred an airline catering provider from relying on catering crews outside of B.C to load meals onto flights going through Vancouver, where its workers were on strike.
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July 14, 2025
Federal Court judge strikes SRL’s submission in employment dispute over AI hallucination citation
In another sign of AI’s growing impact on the law, the Federal Court has ordered that a self-represented respondent’s motion record be removed from a court file because it relied in part on a non-existent court decision hallucinated by an artificial intelligence (AI) research tool.
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July 14, 2025
Federal Court quashes ISC denial of $200,000 Jordan’s Principle mould remediation funding request
The Federal Court set aside an Indigenous Services Canada (ISC) decision denying a $200,000 Jordan’s Principle funding request for mould remediation, ruling that ISC wrongly rejected the request due to lack of comparable public services without assessing the concerned children’s health needs.
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July 11, 2025
Courts can override Crown’s non-consent to judge-alone trial if necessary to protect Charter rights: SCC
Elaborating on courts’ jurisdiction to review decisions involving prosecutorial discretion, the Supreme Court of Canada ruled in a Quebec homicide case that trial judges can override the Crown’s refusal to agree to a judge-alone trial, if it is necessary to protect the accused’s Charter rights.
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July 09, 2025
Federal Court upholds absolute liability regime for environmental penalties under EVAMPA
The Federal Court has upheld penalties imposed on a real estate management services company over environmental violations involving halocarbon leaks, rejecting arguments that the absolute liability regime under the Environmental Violations Administrative Monetary Penalties Act (EVAMPA) is unconstitutional.
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July 08, 2025
Arif Virani joins Torys
Torys LLP has announced that former minister of justice and attorney general Arif Virani has joined its litigation and dispute resolution practice as senior counsel.
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July 08, 2025
PERSONAL INFORMATION AND PRIVACY - Access to information - Data - Disclosure - Consent
Appeal by Lamarche from chambers judge’s decision granting application brought by British Columbia Securities and Exchange Commission to stay and strike portions of Notice of Civil Claim filed by Lamarche.
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July 07, 2025
Federal Court rejects judicial review to remove name from Russian sanctions
The Federal Court has dismissed a judicial review of a decision by the minister of foreign affairs to not recommend that the Governor in Council remove a billionaire’s name from the Special Economic Measures (Russia) Regulations, in a dispute of the meaning of “associate.”
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June 30, 2025
Ontario judge warns of dire impact of split Appeal Court decision expanding s. 7 liberty rights
In a split decision, the Ontario Court of Appeal has quashed a residency requirement under the Canada Elections Act, finding it infringed on a returning officer’s s. 7 liberty rights under the Charter when he was disqualified from his position after moving outside the district.