Category: Supreme Court of Canada Page 11 of 23

By: Nigel Bankes

PDF Version: From Telecoms to Pipelines: Good News from the Supreme Court of Canada for Pipeline Builders

Case commented on: Rogers Communications Inc v Châteauguay (City), 2016 SCC 23 (CanLII)

In this decision the Supreme Court of Canada (unanimous in the result) concluded that the actions of the City of Châteauguay in creating a reserve as to certain real property were directed at frustrating Rogers’ efforts to install an antenna system on property located within the City and were therefore unconstitutional as a measure dealing with the siting of telecommunications infrastructure. The majority found that Châteauguay’s notice of reserve was ultra vires (but also went on to offer an analysis that would have rendered the reserve inapplicable on the basis of the doctrine of interjurisdictional immunity (IJI)). The minority (Justice Gascon) preferred to find for Rogers solely on the basis of IJI.

While this is no doubt an important decision for the telecommunications industry it will almost certainly prove to be more important for the more tightly networked elements of the energy sector and in particular oil and gas pipelines given the highly contentious nature of current proposals to construct new pipelines or expand existing pipelines.

Five Million Dollars Versus One Night in Jail

By Drew Yewchuk

On June 1, 2016

In Constitutional, Supreme Court of Canada

By: Drew Yewchuk

PDF Version: Five Million Dollars Versus One Night in Jail

Case Commented On: R v Peers, 2015 ABQB 129 (CanLII), R v Peers, 2015 ABCA 407 (CanLII), leave to appeal granted May 26, 2016

On May 26, 2016 the Supreme Court of Canada (SCC) granted leave to appeal from the decision of the Alberta Court of Appeal in Peers. The three appellants are all charged with a variety of offences under section194 of the Securities Act, RSA 2000, c S-4, which provides for a maximum penalty of “a fine of not more than $5 000 000 or to imprisonment for a term of not more than 5 years less a day, or to both”. The basis of their appeal is that section11(f) of the Canadian Charter of Rights and Freedoms — which guarantees “the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment” — entitles them to a jury trial, because a penalty of five years less a day of imprisonment and a $5 000 000 fine is “a more severe punishment” than “imprisonment for five years”. This appeal raises a constitutional question left open 27 years ago in Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927 (CanLII) (Irwin Toy): can some personal economic rights be protected by the section7 Charter guarantee of “life, liberty, and security of the person?”

Good Kid, M.A.D.D. City: Seeking Proportionality in Drunk Driving Sentencing

By Joshua Sealy-Harrington

On May 27, 2016

In Criminal, Supreme Court of Canada

By: Joshua Sealy-Harrington and Joe McGrade

PDF Version: Good Kid, M.A.D.D. City: Seeking Proportionality in Drunk Driving Sentencing

Cases Commented On: R v Lacasse, 2015 SCC 64; R v Sargent, 2016 ABCA 104

Constantly drinking and drive. Hit the powder then watch this flame that arrive in his eye. […] I live inside the belly of the rough Compton, USA. Made me an angel on angel dust.

–good kid m.A.A.d. city (Kendrick Lamar, 2012)

Despite the Supreme Court’s recent consideration of the law governing sentencing appeals, such appeals remain a controversial area of legal analysis for our appellate courts. This persisting ambiguity, which is rooted in how the law is applied, rather than the law itself, motivates us to revisit the Court’s leading decision in R v Lacasse. This comment summarizes the majority and dissenting judgments in Lacasse, notes the ambiguity left by the disagreement between those judgments, outlines a recent Alberta Court of Appeal decision – R v Sargent, 2016 ABCA 104 – which demonstrates that ambiguity, and discusses the significant policy consequences associated with the Supreme Court’s unanimous holding that it is appropriate to more severely punish individuals with sympathetic mitigating factors (good kids) when they reside in communities with high crime rates (mad cities).

Another Favourite Supreme Court of Canada Case: The Northern Gas Pipeline Saga

By Alastair Lucas, Q.C.

On January 18, 2016

In Oil & Gas, Supreme Court of Canada

By: Alastair Lucas

PDF Version: Another Favourite Supreme Court of Canada Case: The Northern Gas Pipeline Saga

Case/Matter Commented On: Berger Inquiry; Committee for Justice and Liberty v National Energy Board, [1978] 1 SCR 369, 1976 CanLII 2; Joint Review Panel for the Mackenzie Gas Project (2009)

Processes for reviewing and analyzing proposals for large diameter pipelines to move natural gas from the Canadian Arctic to Southern North American markets have been significant for the development of Canadian environmental law. This includes regulatory review processes and judicial review cases that arose out of the pipeline review proceedings. Milestone decisions were taken on critical procedural matters including community hearings to receive traditional knowledge, intervenor funding, and decision maker impartiality. The story spans more than 35 years and involves two separate sets of pipeline proposals (see Thomas Berger, Northern Frontier, Northern Homeland, The Report of the Mackenzie Valley Pipeline Inquiry, (Ottawa: Minister of Supply and Services Canada, 1977) (Berger Report)).

Faculty Favourites: Celebrating a Supreme Court of Canada Anniversary

By Admin

On January 13, 2016

In Supreme Court of Canada, Uncategorized

PDF Version: Faculty Favourites: Celebrating a Supreme Court of Canada Anniversary

Editor’s Note

2016 is the 140^th anniversary of the year that the Supreme Court of Canada began hearing cases. Our colleagues at the Bennett Jones Law Library are marking the occasion with a display, and asked us to nominate some notable Supreme Court of Canada cases for inclusion. The cases could be selected on the basis that they were our favourites, had the most impact on people’s lives (positive or negative), and/or were the most significant to our particular fields of study. Below is a compilation of responses from Faculty members and the Directors of some of the Faculty’s Centres and Institutes. Readers in Calgary are encouraged to drop by the Law Library to check out the display, and – for readers everywhere – if you have your own favourites, let us know by adding a comment to this post.