Access to Justice
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October 04, 2024
SCC affirms air passenger compensation regs are valid; expert int’l law evidence can be admissible
In an important judgment on evidence and air passenger rights, the Supreme Court of Canada has ruled 9-0 that judges have the discretion to admit expert evidence on international law so long as the threshold admissibility criteria in R. v. Mohan, [1994] 2 S.C.R. 9, are met.
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October 04, 2024
Decision in defamation case surrounding 2022 Freedom Convoy protests ‘entirely predictable’: lawyer
An Ontario court has dismissed a defamation action brought against a non-profit organization that researches hate crimes for its alleged actions surrounding the 2022 Freedom Convoy protests, with a judge saying the plaintiffs in the case were unable to bring a valid claim against the group.
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October 04, 2024
AIR TRANSPORTATION - Liability - Montreal Convention 1999 - Air Passenger Protection Regulations - Canadian Transportation Agency
Appeal by Appellants from a judgment of the Federal Court of Appeal which dismissed a challenge to the validity of regulations adopted by the Canadian Transportation Agency (Agency) except for provisions relating to the temporary loss of baggage. Following the amendment of the Canada Transportation Act (CTA), the Agency adopted the Air Passenger Protection Regulations (Regulations) which imposed certain obligations on air carriers.
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October 03, 2024
Urgent call to action for the ‘Eastern Hurricane’ | Aubrey Harris
On Wed., Oct. 2, at the 10th annual Wrongful Conviction Day gala hosted by Innocence Canada, I had the great privilege to hear the acceptance speech by Harold Levy on receiving the Rubin “Hurricane” Carter Champion of Justice Award.
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October 03, 2024
Saskatchewan appeal court finds little merit in accusation of ineffective assistance claim
Shawn James Hartnell’s troubles began on the morning of Feb. 5, 2021, when a caller reported a suspected impaired driver in a car travelling eastward on Saskatchewan’s Highway 14.
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October 03, 2024
Takeaways from Tracking (In)Justice | Alexander McClelland, Valerie Danieli and Lindsay Jennings
The Tracking (In)Justice project, is a collaborative and community-based data justice and public criminology initiative dedicated to documenting and analyzing deaths in custody across Canada since 2000.
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October 02, 2024
N.S. top judge has high praise for appeal court trip to Cape Breton
Nova Scotia’s Chief Justice is calling his appeal court’s historic sitting outside the province’s capital a “great success” — and a learning opportunity for those involved.
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October 02, 2024
Alberta murder appeal unsuccessful despite Crown overstepping bounds of proper conduct
The Oct. 18, 2022, issue of the Calgary Herald reported that homicide suspect Deidre Lafferty showed no outward emotion as a prosecutor in northern Alberta dropped a first-degree murder charge against her on the eve of her preliminary inquiry. Calgary-based defence counsel Telmo dos Santos represented Deidre. He was hired when former MLA and Behchokǫ̀ Chief Leon Lafferty asked him to assist in Deidre’s defence.
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October 01, 2024
Technological advancements in law | Ayo Adesomoju
As 2025 draws near, the advancement of technology is transforming the legal profession, which has historically been recognized for adhering to conventional methods and relying on precedents. These developments will have a significant impact on justice administration, legal practice and the availability of legal services. They also present possibilities and difficulties.
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October 01, 2024
If Trump wins | Tega Adjara
The outcomes of U.S. elections have historically shaped the policies of other nations, particularly Canada, with whom the United States shares not only the longest unguarded border but also deep economic, social and geopolitical ties. Any shift in U.S. governance, especially following a presidential election, reverberates across Canada. As we approach the 2024 U.S. election, it is evident that regardless of the victory, there will be inevitable policy changes that will affect Canada. However, a victory by Donald Trump could potentially trigger significant transformations within Canadian law and policy, given the stark ideological contrast and historical precedents set during his previous administration.