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Wednesday, November 29, 2023 @ 2:17 PM

Alberta government’s use of sovereignty law ‘a fair bit of sound and fury,’ law prof says Eric Adams, University of Alberta faculty of law

Alberta has for the first time invoked its controversial sovereignty legislation as it continues its fight with the federal government over draft electricity regulations, and legal experts say the effect of that move remains to be seen — but a legal battle over the constitutionality of the regulations could be on the horizon. ... [read more]

Tuesday, November 21, 2023 @ 3:25 PM

B.C. city challenging constitutionality of recent amendments to policing legislation

The City of Surrey has expanded its fight against the British Columbia government over law enforcement in the municipality by challenging the constitutionality of recent amendments to the province’s police legislation. ... [read more]

Friday, November 17, 2023 @ 2:52 PM

B.C. fixed election date law ‘establishes a presumptive, but not absolute’ date, Appeal Court says

B.C.’s top court has ruled that a statute establishing fixed election dates in the province does not limit the lieutenant-governor’s power to dissolve the legislature, or fetter the premier’s power to recommend a dissolution. ... [read more]

Tuesday, November 07, 2023 @ 8:59 AM

Nova Scotia Crowns hope that working with government will fix prosecutor shortage

A group representing Crowns in Nova Scotia is hoping that working with the provincial government will address a staff shortage it says could lead to burned-out prosecutors making mistakes in criminal cases — and someone possibly being harmed or “losing their life” as a result.   ... [read more]

Monday, November 06, 2023 @ 11:36 AM - Last Updated: Monday, November 06, 2023 @ 1:17 PM

Female-majority Supreme Court of Canada in place with Trudeau’s appointment of Justice Moreau Mary Moreau

Prime Minister Justin Trudeau has announced the historic appointment of Justice Mary Moreau of Alberta to the Supreme Court of Canada, marking the first time the top court has had a five-judge majority of female members since the court’s inception in 1875. ... [read more]

Friday, November 03, 2023 @ 5:07 PM - Last Updated: Friday, November 03, 2023 @ 5:22 PM

Supreme Court finds mandatory minimums for child luring unconstitutional Justice Sheilah Martin, Supreme Court of Canada.

The Supreme Court of Canada has ruled that the mandatory minimum sentences set out for child luring are unconstitutional, as those punishments would be unfairly disproportionate in some cases. On Nov. 3, the high court released its decision in R. v. Bertrand Marchand, 2023 SCC 26, which details its landmark findings through the unrelated, Quebec-based cases of Maxime Bertrand Marchand and an offender identified only as H.V. — both of whom were convicted of child luring. ... [read more]

Thursday, November 02, 2023 @ 12:46 PM

[ Legal Wire ] - Federal Court dismisses six applications related to usage of over 1,500 types of guns

The Federal Court has dismissed six applications for judicial review concerning the banning of over 1,500 types of firearms as of 2020 as they were categorized as being not reasonable for hunting or sport. It was found that Regulations brought forth by the governor-in-council were not ultra vires. ... [read more]

Tuesday, October 31, 2023 @ 2:58 PM

Ontario court issues new directives to reduce delay in criminal proceedings

Ontario’s Court of Justice is issuing new practice directives in a bid to reduce delay and “unnecessary administrative appearances” in criminal proceedings. ... [read more]

Monday, October 30, 2023 @ 4:50 PM

[ Legal Wire ] - Court allows motion for injunction pending appeal of merits decision of drug testing provisions

The Federal Court of Appeal has allowed a motion for an interlocutory injunction concerning the merits of regulations that provide for pre-placement and random alcohol and drug testing for nuclear plant workers. ... [read more]

Thursday, October 26, 2023 @ 5:18 PM

[ Legal Wire ] - Nunavut court rejects appeal of injunction against protesters on Baffin Island mine

The Nunuvut Court of Appeal has rejected appellants’ appeal of an injunction against them for protesting over a mine and impeding on its economic activity. ... [read more]