Category: Supreme Court of Canada Page 18 of 23

Reflecting on the Supreme Court’s Reassertion of Judicial Control Over Lawyer Withdrawal and Its (Non) Impact on the “Perjury Trilemma”

On April 1, 2010

In Ethics and the Legal Profession, Supreme Court of Canada

Cases Considered: R. v. Cunningham, 2010 SCC 10; R. v. White, 2010 ABCA 66

PDF version: Reflecting on the Supreme Court’s Reassertion of Judicial Control Over Lawyer Withdrawal and Its (Non) Impact on the “Perjury Trilemma”

In its March 26, 2010 decision in R. v. Cunningham, 2010 SCC 10, the Supreme Court of Canada rejected the position of the Yukon Territory Court of Appeal that courts have no jurisdiction to prevent counsel from withdrawing from a scheduled criminal proceeding, even if the withdrawal is only for non-payment of fees (Cunningham v. Lilles, 2008 YKCA 7). The Supreme Court affirmed the position taken by most other provincial courts of appeal, that both superior and statutory courts may require that counsel apply for leave when seeking to withdraw from scheduled criminal proceedings, and that in exceptional circumstances the application to withdraw may be denied (See R. v. C (D.D.) (1996), 110 C.C.C. (3d) 323 (ABCA); R. v. Deschamps, 2003 MBCA 116); Bernier v. 9007-1474 Québec Inc., [2001] J.Q. No. 2631 (Que. CA); Mireau v. Canada (1995), 128 Sask. R. 142 (C.A.); R. v. Brundia, 2007 ONCA 725; Contra see Re Leask and Cronin (1985), 18 C.C.C. (3d) 315 (BCSC)).

Leave to Appeal Granted by the SCC in Métis Status Case

By Jennifer Koshan

On March 15, 2010

In Aboriginal, Constitutional, Supreme Court of Canada

By: Jennifer Koshan

PDF Version: Leave to Appeal Granted by the SCC in Métis Status Case

Case Commented On: Cunningham v Alberta (Aboriginal Affairs and Northern Development), 2009 ABCA 239, leave to appeal granted March 11, 2010

On March 11, 2010, the Supreme Court of Canada (Justices McLachlin, Abella and Rothstein) granted leave to appeal to the Alberta government in Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) and the Registrar et al. v Barbara Cunningham et al. Dealing with the relationship between Métis and Indian status under the Métis Settlements Act, the case may take on even greater significance in light of Bill C-3, the Gender Equity in Indian Registration Act, introduced in the House of Commons on March 12, 2010.

The Italics that Rocked the Decade (for Canadian Lawyers)

By Alice Woolley

On February 1, 2010

In Ethics and the Legal Profession, Supreme Court of Canada

Cases considered: R. v. Neil, 2002 SCC 70; [2002] 3 S.C.R. 631; Strother v. 3464920 Canada Inc. 2007 SCC 24;[2007] 2 S.C.R. 177.

PDF version: The Italics that Rocked the Decade (for Canadian Lawyers)

Those who follow sports know that some of the most fun you can have with your clothes on is debating the criteria for selecting the league MVP. Is it the best player, considered apart from the success (or ineptitude) of his team? Is it the player who contributed the most to the accomplishments of a successful team effort? Is it a particular type of contribution that matters – e.g., exceptional individual skill or above average skills combined with exceptional leadership? Or is it some more holistic determination, considering a variety of factors in a balance which is incapable of articulation beyond “I know it when I see it?”

My Vote for R. v. Hape as a Significant Legal Case of the Decade

By Linda McKay-Panos

On January 25, 2010

In Constitutional, International Law, Supreme Court of Canada

Case considered: R. v. Hape, 2007 SCC 26

PDF version: My Vote for R. v. Hape as a Significant Legal Case of the Decade

When the R. v. Hape case was released at the Supreme Court of Canada, there was some negative reaction in the legal community, but its real significance did not become apparent until recently. In particular, it has become very significant in the litigation aimed at bringing Omar Khadr to Canada from Guantánamo Bay.

A Vote for R v Kapp as the Leading Equality Case of the Past Decade

By Jonnette Watson Hamilton

On January 13, 2010

In Constitutional, Supreme Court of Canada

By: Jonnette Watson Hamilton

PDF Version: A Vote for R v Kapp as the Leading Equality Case of the Past Decade

Case Commented On: R v Kapp, 2008 SCC 41

R v Kapp, 2008 SCC 41 is my nominee for the most significant case of the Aughts decade in the equality rights area. Kapp was destined to be a landmark case, if only because it involved the first direct challenge on the enumerated ground of race under the Charter‘s equality guarantee that was heard by the Supreme Court of Canada. However, because the Court used Kapp as a vehicle to substantially and substantively revise its approach to section 15 claims, the decision is even more significant.