Constitutional
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February 22, 2024
New associate for Dickinson Wright
Michael Ng has joined Dickinson Wright’s Toronto office as an associate.
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February 21, 2024
When courts are asked to rule on scope of s. 35, Montour provides racially just approach
In the second article of our firm’s four-part series on Montour, I examine how Montour’s shift in thinking about Aboriginal rights marks a crossroads in Canadian law’s commitment to racial justice in judicial decision-making (R. v. Montour [2023] Q.J. No. 11554).
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February 20, 2024
Alta.’s Justice Mary Moreau welcomed at celebration of first female-majority Supreme Court of Canada
The milestone appointment of Justice Mary Moreau was celebrated in Ottawa, where the ex-chief justice and former criminal lawyer and constitutional litigator from Alberta was lauded for her “unparalleled work ethic,” “great intelligence” as well as for her “humility” and “compassion.” “For the first time in the history of our country, the majority of judges sitting on the Supreme Court are now women,” federal Justice Minister Arif Virani said
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February 20, 2024
Nova Scotia opens new grant to aid in ending racism, inequality
Community organizations in Nova Scotia can now apply for a new grant for projects aimed at ending racism and inequity through removing “barriers” in various sectors — including the justice system.
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February 15, 2024
B.C. invests $29M in legal aid for family violence victims, prompted by constitutional challenge
British Columbia is soon to have a “historic level of access to legal aid services” through the expansion of legal aid eligibility criteria, allowing more people in the province to receive legal representation through a new family law clinic model. The B.C. government is investing $29.1 million in this over the next three years, allowing Legal Aid BC to have the capacity to serve 4,500 new family law clients.
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February 13, 2024
Ruling increases hoops that government must go through to justify wage restraint, legal expert says
Ontario’s top court has ruled a public sector wage restraint law the province brought in nearly five years ago substantially interfered with the right of many public sector employees to participate in good faith negotiation and consultation over their working conditions, a ruling that legal scholars say expands the steps government will have to take in the future to justify similar legislation — but still leaves some questions unanswered.
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February 13, 2024
SCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the bar
Is the Supreme Court of Canada giving enough legal guidance to Canadians, particularly in private law cases? It’s a question simmering within the legal community, one that attracts the attention of academics and litigators and that might benefit from the court shedding some light, especially because the numbers of cases the nine judges hear and decide have been trending down for more than a decade, without explanation.
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February 09, 2024
SCC upholds federal law affirming Indigenous self-governance in Indigenous child and family services
The Supreme Court of Canada has 8-0 upheld a groundbreaking federal law which affirms the self-governance rights and jurisdiction of Indigenous governing bodies to provide child and family services to their communities, and which states that Indigenous child and family services laws prevail in Indigenous communities over any conflicting or inconsistent provincial laws.
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February 07, 2024
Desmond inquiry recommendations likely won’t be followed: lawyer
A Nova Scotia lawyer acting for the estate of a mentally ill military man who murdered his family before killing himself has little confidence much will come of recommendations made in a recently released inquiry report, given the reactions from politicians and the “touchy” topic of gun control.
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February 07, 2024
Court upholds certification of class action against Ontario over COVID-19 response
The Ontario Court of Appeal has upheld the certification of a class action concerning alleged negligence of the Ministry of Long Term Care (MLTC) in responding to the risk posed by COVID-19 to residents of Ontario’s long-term care (LTC) homes.