Year in Review (2018)
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Daniel G.C. Glover Page 1 Managing IP Milestone Case of the Year for 2016
Daniel Glover is national co-lead of our Cyber/Data Group and a Daniel G.C. member of our Intellectual Property, Privacy, Technology, Consumer Glover Products & Retail Group, Franchise & Distribution, and Appellate Groups. Partner Toronto Daniel has significant experience in all aspects of information law. His [email protected] practice takes a 360-degree approach to data: he helps clients extract the tremendous value inherent in data, while at the same time t. +1 416-601-8069 managing the complex risks associated with data. He has worked on the highest-stakes files in the field, having advised clients in relation to the three largest data breaches in Canadian history and having argued landmark cases before the Supreme Court of Canada and other leading appellate courts. Daniel G.C. His insights come from significant exposure to the many different Glover areas of law touching on the exploitation and protection information, Partner including privacy, cybersecurity, breach response, copyright and Toronto trademark infringement, privilege, anti-spam and marketing compliance, confidential information, competition law, constitutional [email protected] law, and Internet law. t. +1 416-601-8069 This exposure touches upon a broad diversity of industries. Daniel has advised numerous clients in the technology, social media, consumer Bar Admission products, retail, financial services, insurance, entertainment, gaming, automotive, industrial and health services fields, including in the class Ontario 2006 action setting and also before key privacy, health privacy, and Law School marketing regulators across Canada. University of Toronto In his litigation practice, Daniel delivered oral submissions on behalf of Practices the International Federation of the Phonographic Industry (IFPI) and other creative industry stakeholders in the landmark decision of Appellate Litigation IP Litigation Equustek Solutions Inc. -
CCCC Attended Supreme Court of Canada Hearing on the Aga Case
Table of Contents • CCCC attended Supreme Court of Canada hearing on the Aga case CCCC attended Supreme Court of Canada hearing on the Aga case Analysis of current issues involving law, religion, and society, led by Barry W. Bussey, Director of Legal Affairs. By Barry W. Bussey CCCC (09.12.2020) - https://bit.ly/3nlGTQl - CCCC’s Director of Legal Affairs, Barry W. Bussey, represented the CCCC at the Supreme Court of Canada’s virtual hearing today (Dec 9) in the case of Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral, et al. v. Teshome Aga, (39094). CCCC was granted the opportunity to intervene in the case, and to file a brief, but was not given time for oral argument. Brief fact summary Several members of the Ethiopian Orthodox Tewahedo Church St. Mary Cathedral were on a committee that investigated a movement within the congregation. The committee reported to Archbishop Dimetros that the movement was heretical. The committee recommended action, including purging of heretics. When Archbishop Dimetros did not follow their recommendations, the committee members were robust in their opposition – to the point that they were warned of church discipline. Finally, they were suspended from membership. In response, they then sued in court. The church in return asked for summary judgment to dismiss the lawsuit. The Ontario Superior Court of Justice agreed with the church and dismissed the disgruntled members’ lawsuit, noting that the courts have no jurisdiction to hear such cases. However, the members appealed to the Ontario Court of Appeal. The Court of Appeal stated that courts could hear the case because there was a contract between the members and the church. -
The Four Courts of Sir Lyman Duff
THE FOUR COURTS OF SIR LYMAN DUFF RICHARD GOSSE* Vancouver I. Introduction. Sir Lyman Poore Duff is the dominating figure in the Supreme Court of Canada's first hundred years. He sat on the court for more than one-third of those years, in the middle period, from 1906 to 1944, participating in nearly 2,000 judgments-and throughout that tenure he was commonly regarded as the court's most able judge. Appointed at forty-one, Duff has been the youngest person ever to have been elevated to the court. Twice his appointment was extended by special Acts of Parliament beyond the mandatory retirement age of seventy-five, a recogni- tion never accorded to any other Canadian judge. From 1933, he sat as Chief Justice, having twice previously-in 1918 and 1924 - almost succeeded to that post, although on those occasions he was not the senior judge. During World War 1, when Borden considered resigning over the conscription issue and recommending to the Governor General that an impartial national figure be called upon to form a government, the person foremost in his mind was Duff, although Sir Lyman had never been elected to public office. After Borden had found that he had the support to continue himself, Duff was invited to join the Cabinet but declined. Mackenzie King con- sidered recommending Duff for appointment as the first Canadian Governor General. Duff undertook several inquiries of national interest for the federal government, of particular significance being the 1931-32 Royal Commission on Transportation, of which he was chairman, and the 1942 investigation into the sending of Canadian troops to Hong Kong, in which he was the sole commissioner . -
CCPI Memorandum of Argument for Application to Intervene
Court File No. A-408-09 FEDERAL COURT OF APPEAL BETWEEN: NELL TOUSSAINT Appellant And MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent MEMORANDUM OF ARGUMENT OF THE PROPOSED INTERVENER THE CHARTER COMMITTEE ON POVERTY ISSUES PART ONE: FACTS A. The Proposed Intervener – The Charter Committee on Poverty Issues (CCPI) 1. The Charter Committee on Poverty Issues (CCPI) was granted intervener status at the Federal Court in the present case to address “issues arising from the requirement to pay fees to process Humanitarian and Compassionate (H & C) Applications for permanent residence pursuant to the IRPA [Immigration and Refugee Protection Act] 1 and the impact of such fees on persons living in poverty.” 1 Decision of Prothonothary Aalto, Toronto, Ontario, March 18, 2009 IMM 2926-08. 2 2. In his decision to grant intervener status, Prothonotary Aalto stated that “CCPI and the other intervener LIFT (Low Income Families Together) would be raising arguments relating to sections 7 and 15 of the Charter as well as other arguments relating to patterns of discrimination and inequality, public policy concerns and competing demands on resources.” He found that “this is one of those unique cases that raise issues of public policy, access to justice and discrimination and inequality” such that the Court will benefit from the participation of CCPI and LIFT.2 3. CCPI seeks leave from this Honourable Court to intervene in the appeal to address these same issues as they arise in the Appeal from the Decision of Madam Justice Snider in the Federal Court (2009 FC 873). 3 B. Qualifications of CCPI 4. -
Special Series on the Federal Dimensions of Reforming the Supreme Court of Canada
SPECIAL SERIES ON THE FEDERAL DIMENSIONS OF REFORMING THE SUPREME COURT OF CANADA The Supreme Court of Canada: A Chronology of Change Jonathan Aiello Institute of Intergovernmental Relations School of Policy Studies, Queen’s University SC Working Paper 2011 21 May 1869 Intent on there being a final court of appeal in Canada following the Bill for creation of a Supreme country’s inception in 1867, John A. Macdonald, along with Court is withdrawn statesmen Télesphore Fournier, Alexander Mackenzie and Edward Blake propose a bill to establish the Supreme Court of Canada. However, the bill is withdrawn due to staunch support for the existing system under which disappointed litigants could appeal the decisions of Canadian courts to the Judicial Committee of the Privy Council (JCPC) sitting in London. 18 March 1870 A second attempt at establishing a final court of appeal is again Second bill for creation of a thwarted by traditionalists and Conservative members of Parliament Supreme Court is withdrawn from Quebec, although this time the bill passed first reading in the House. 8 April 1875 The third attempt is successful, thanks largely to the efforts of the Third bill for creation of a same leaders - John A. Macdonald, Télesphore Fournier, Alexander Supreme Court passes Mackenzie and Edward Blake. Governor General Sir O’Grady Haly gives the Supreme Court Act royal assent on September 17th. 30 September 1875 The Honourable William Johnstone Ritchie, Samuel Henry Strong, The first five puisne justices Jean-Thomas Taschereau, Télesphore Fournier, and William are appointed to the Court Alexander Henry are appointed puisne judges to the Supreme Court of Canada. -
Youth Activity Book (PDF)
Supreme Court of Canada Youth Activity Book Photos Philippe Landreville, photographer Library and Archives Canada JU5-24/2016E-PDF 978-0-660-06964-7 Supreme Court of Canada, 2019 Hello! My name is Amicus. Welcome to the Supreme Court of Canada. I will be guiding you through this activity book, which is a fun-filled way for you to learn about the role of the Supreme Court of Canada in the Canadian judicial system. I am very proud to have been chosen to represent the highest court in the country. The owl is a good ambassador for the Supreme Court because it symbolizes wisdom and learning and because it is an animal that lives in Canada. The Supreme Court of Canada stands at the top of the Canadian judicial system and is therefore Canada’s highest court. This means that its decisions are final. The cases heard by the Supreme Court of Canada are those that raise questions of public importance or important questions of law. It is time for you to test your knowledge while learning some very cool facts about Canada’s highest court. 1 Colour the official crest of the Supreme Court of Canada! The crest of the Supreme Court is inlaid in the centre of the marble floor of the Grand Entrance Hall. It consists of the letters S and C encircled by a garland of leaves and was designed by Ernest Cormier, the building’s architect. 2 Let’s play detective: Find the words and use the remaining letters to find a hidden phrase. The crest of the Supreme Court is inlaid in the centre of the marble floor of the Grand Entrance Hall. -
The Honourable Mr. Justice Hugessen
Date: 20080417 Docket: T-866-95 Citation: 2008 FC 497 Vancouver, British Columbia, April 17, 2008 PRESENT: The Honourable Mr. Justice Hugessen BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and HELMUT OBERLANDER Respondent Docket: T-1505-01 A-294-03 BETWEEN: HELMUT OBERLANDER Applicant (Appellant) and THE ATTORNEY GENERAL OF CANADA Respondent PURL: https://www.legal-tools.org/doc/cfef0d/ Page: 2 REASONS FOR ORDER AND ORDER Introduction [1] These reasons deal with motions for orders fixing costs brought by both parties in two distinct but closely related proceedings in this Court. The first of those proceedings was a reference made under section 18 of the Citizenship Act. Following the decision of Justice MacKay on that reference both parties made applications to him for costs orders which were by consent adjourned sine die pending the completion of revocation proceedings before the Governor in Council and the judicial review thereof. Justice MacKay having now retired, and no costs order having been made by him, each party now seeks an Order for its costs of the reference from me. [2] Mr. Oberlander also seeks certain extra-judicial costs allegedly incurred by him in the period following Justice MacKay's decision and culminating in the Governor in Council's decision to revoke his citizenship. [3] Finally, following the revocation decision by the Governor in Council, Mr. Oberlander brought judicial review proceedings which were dismissed by a judge of this Court but later allowed by the Federal Court of Appeal “with costs here and below” and I am now asked to fix the amount of such costs. -
Privy Council (For Canada)
Privy Council (for Canada) The Privy Council for Canada is a group of prominent individuals appointed, for life, by the Governor General. The appointments are made, as a matter ofconvention , on the advice of the Prime Minister. The Privy Council is tasked with aiding the reigning monarch (and thus the Governor General) by providing advice on significant issues.[1] Privy Council – A Brief History The origins of the English Privy Council date back to that country’s earliest history,[2] but little is known of its structure or procedures before 1540.[3] In addition to its advisory role to the British Monarch, from 1833 until 1949, the Judicial Committee of the Privy Council served as the highest Court of Appeal for Canada: supreme even to our own Supreme Court.[4] During this period, Canadian constitutional law was largely shaped from London.[5] The Canadian Privy Council was established by theBritish North America Act, 1867 (later renamed the Constitution Act, 1867).[6] Unlike its counterpart in the United Kingdom, it never functioned as a court. Instead, it was tasked with advising the Monarch, and with passing all orders-in-council / acts of executive power.[7] Privy Council – The Job Today, the Privy Council continues its historic role, advising the Governor General on various matters of state, including the use of royal prerogative (e.g. declaring war, assenting to legislation and calling an election).[8] However, advice given by the full council is not binding: the Governor General is, in practice, only obligated to follow the advice -
1 PUBLIC and MEDIA RELATIONS in CANADA Remarks by Jennifer
1 PUBLIC AND MEDIA RELATIONS IN CANADA Remarks by Jennifer Stairs, Director of Communications, Nova Scotia Judiciary Canadians live in a society that places a high value on openness in the justice system. The general rule in Canada is that trials are open to the public and may be reported in full. By enabling the public to attend court proceedings and allowing access to court documents, our citizens are able to learn about the law firsthand. But is that enough to enhance their confidence in the legal system? Probably not. Most people would never think to visit a courthouse or sit in on a trial, unless they have to. Even if they chose to, the proceedings are often complex and difficult to follow without legal training. Whether we like it or not, the average citizen learns about the legal system primarily through movies, television and news coverage of court proceedings. In 2012, Chief Justice Beverly McLachlin of the Supreme Court of Canada talked about the power journalists have over the public’s perception of the justice system: “The media, reporting accurately and fairly on legal proceedings and judgments, including criticism, even strong criticism, make an invaluable contribution to public confidence in the judiciary and, thus, to the rule of law itself. On the other hand, inaccurate, unfair or sensationalized reportage … has the potential to distort the public’s view of the justice system and undermine public confidence in the rule of law.”1 Every negative news story and every inaccurate comment erodes public confidence. And once it’s gone, it’s difficult to gain it back. -
Reforming the Supreme Court Appointment Process, 2004-2014: a 10-Year Democratic Audit 2014 Canliidocs 33319 Adam M
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 67 (2014) Article 4 Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit 2014 CanLIIDocs 33319 Adam M. Dodek Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Dodek, Adam M.. "Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). http://digitalcommons.osgoode.yorku.ca/sclr/vol67/iss1/4 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit* Adam M. Dodek** 2014 CanLIIDocs 33319 The way in which Justice Rothstein was appointed marks an historic change in how we appoint judges in this country. It brought unprecedented openness and accountability to the process. The hearings allowed Canadians to get to know Justice Rothstein through their members of Parliament in a way that was not previously possible.1 — The Rt. Hon. Stephen Harper, PC [J]udicial appointments … [are] a critical part of the administration of justice in Canada … This is a legacy issue, and it will live on long after those who have the temporary stewardship of this position are no longer there. -
“Canada” on the Supreme Court in 2016
DRAFT | CPSA 2017 Please don’t cite without permission Competing Diversities: Representing “Canada” on the Supreme Court in 2016 Erin Crandall | Acadia University Robert Schertzer | University of Toronto The Supreme Court oF Canada’s (SCC) inFluence on politics and public policy – from deciding human rights cases to adjudicating Federal-provincial disputes – has long placed it in the spotlight oF political actors and watchers alike. Seeing the Court as activist or restrained, as siding with the Federal government or as balanced in its Federalism case law, as anti-democratic or the guardian oF the constitution, are all hallmarks oF the debate about its place in Canadian politics. Underpinning these debates is an often-critical focus on the justices’ themselves, the process by which they are selected, and the virtually unFettered power Prime Ministers have had in appointing individuals to the bench. In August 2016, Prime Minister Justin Trudeau clearly established his position within this debate by announcing a new way to choose SCC justices. Along with promoting more transparency and accountability in the process, the key elements oF Trudeau’s proposed reForms were to ensure that all future justices were functionally bilingual and that they represent the diversity of Canada (see Trudeau 2016b). In line with these new objectives, one oF the First things Trudeau highlighted in his announcement was a willingness to break with the convention of regional representation on the bench and move toward an open application process. With the upcoming retirement of Nova Scotia Justice Thomas Cromwell in September 2016, questions immediately emerged as to whether the government would deviate from the tradition of having one of the nine justices on the SCC come from Atlantic Canada. -
The Appointment of Justice Rowe
October 26, 2016 The Appointment of Justice Rowe By: Drew Yewchuk Event Commented On: Nomination of the Honourable Malcolm Rowe for Appointment to the Supreme Court of Canada On October 17, 2016 Prime Minister Trudeau nominated Justice Malcolm Rowe for appointment to the Supreme Court of Canada. Justice Rowe was a trial judge in Newfoundland and Labrador for two years before being appointed to the Court of Appeal of Newfoundland and Labrador in 2001. The first section of this post describes the recent changes to the Supreme Court appointment process, as Justice Rowe is the first nomination under the new process. The second section of this post reviews Justice Rowe’s application for the position. The third discusses the public hearing, which I attended in Ottawa on 25 October 2016. The Appointment Process for Supreme Court Justices The Supreme Court Act, RSC 1985, c S-26, s 4(2) gives the power to appoint Supreme Court justices to the Governor in Council. It does not describe any process for how the Governor in Council is to do so. Prior to 2004, any consultation that took place was confidential and informal. A new process was adopted by the Liberal government in 2004 that was ad hoc and quickly organized. The 2004 committee had only one day’s notice as to who the two nominees were before speaking to them, and no part in the selection process. This process resulted in the appointment of Justices Abella and Charron to the Supreme Court. The 2005 committee – also struck by the Liberals – participated in the selection process by narrowing the short list of six names (chosen by the Minister) down to three names.