The latest articles from The Lawyers Weekly Summaries of the latest Supreme Court of Canada decisions. http://www.lexisnexis.ca/info/index.php?dynid=234 en-us 2012-02-03T23:01:01-05:00 tag:thelawyersweekly.ca,2010:http://www.thelawyersweekly.ca http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1106&rssid=5 Fri, 03 Feb 2012 13:06:07 -0500 Merck Frosst Canada Ltd. v. Canada (Health) [2012] S.C.J. No. 3 Government law -- Access to information and privacy -- Access to information -- Protection of privacy -- Corporate or commercial information -- Disclosure or release of information -- Consent to disclosure or release -- Statutory exceptions or exemptions -- Appeals and judicial review -- Standard of review -- Appeal by Merck Frosst Canada Ltd. from judgments of the Federal Court of Appeal reversing judgments of the Federal Court, which had concluded that disclosure by Health Canada without prior notice to Merck contravened s. 20(1) of the Access to Information Act -- Appeal dismissed -- The Federal Court of Appeal correctly set out and applied the applicable standard of review -- Merck had not shown that any of the pages in issue, as redacted, contained any information exempted from disclosure under s. 20(1)(a), (b) or (c). Appeal by Merck Frosst Canada Ltd. (Merck) from judgments of the Federal ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1106&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1104&rssid=5 Mon, 30 Jan 2012 08:32:48 -0500 Catalyst Paper Corp. v. North Cowichan (District) [2012] S.C.J. No. 2 Municipal law -- Bylaws and resolutions -- Grounds for invalidity -- Unreasonableness -- Ultra vires -- Appeal by Catalyst Paper Corporation from decision upholding municipal taxation bylaw dismissed -- Power of courts to set aside municipal bylaws was narrow, and could not be exercised simply because a bylaw imposed greater share of tax burden on some ratepayers than on others -- Courts reviewing bylaws for reasonableness had to approach the task against the backdrop of the wide variety of factors that municipal councillors could legitimately consider in enacting bylaws, including broad social, economic and political issues -- Bylaw fell within reasonable range of outcomes -- Adoption of bylaw did not constitute a decision that no reasonable municipal council could have made. Municipal law -- Finance -- Taxation -- Tax levy -- Rates -- Appeal by Catalyst Paper Corporation from decision upholding ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1104&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1102&rssid=5 Mon, 16 Jan 2012 09:47:51 -0500 No summary available. http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1102&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1100&rssid=5 Thu, 22 Dec 2011 11:19:12 -0500 Reference re Securities Act [2011] S.C.J. No. 66 Civil litigation -- Civil procedure -- References and inquiries -- Constitutional references -- Reference to determine whether proposed Securities Act fell within legislative authority of Parliament of Canada -- Act did not -- Canada argued Act was proper exercise of general branch of Parliament's legislative power to regulate trade and commerce per s. 91(2) of Constitution Act, 1867 -- Attorneys General of Alberta and Quebec argued securities regulation was matter falling within s. 92(13), which gave provinces legislative jurisdiction over property and civil rights within their borders -- As important as preservation of capital markets and maintenance of Canada's financial stability were, they did not justify wholesale takeover of regulation of securities industry, ultimate consequence of proposed legislation. Constitutional law -- Constitutional validity of legislation -- Level of government -- Federal legislation -- ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1100&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1098&rssid=5 Thu, 22 Dec 2011 15:12:14 -0500 R.P. c. R.C.* * * * * * * Family law -- Obligation of support -- Spousal support -- Variation or termination -- Occurrence of material change -- The record is entirely lacking about the husband's financial circumstances in 1991 and there is no information about the status of investment -- These gaps mean that we cannot assess how the husband's economic circumstances compared to those in 1991 -- There is therefore no way of measuring whether there is any material change that would entitle him to a variation of spousal support. Appeal by the wife who seeks to have this Court reverse the judgment of the Court of Appeal which varied a 1991 spousal support order requiring her former husband, to pay spousal support. The parties were married in 1958, separated in 1974 and divorced in 1984. At the time of separation, the wife remained in the matrimonial home with their two children and she now resides there alone. When they divorced, the husband was ordered to pay spousal support. In ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1098&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1096&rssid=5 Mon, 16 Jan 2012 13:13:50 -0500 L.M.P. v. L.S. * * * * * * * Family law -- Obligation of support -- Spousal support -- Variation or termination -- Occurrence of material change -- Upon examination of the actual circumstances of the parties at the time the order was made, and the terms of the order, it is apparent that there has been no material change of circumstances since the making of the order -- At the time of the order, the wife had multiple sclerosis and was not expected to seek employment outside the home; nothing has changed with respect to her medical condition since that time -- As a result, the husband's application for variation should not have succeeded as he has failed to meet the threshold required by s. 17(4.1) -- Appeal allowed. Appeal by the wife from a judgment of the Quebec Court of Appeal affirming in part a decision reducing, then terminating her spousal support as of August, 2010. Shortly after the parties married, the wife learned that she had multiple sclerosis. Throughout ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1096&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1094&rssid=5 Thu, 22 Dec 2011 14:41:52 -0500 Copthorne Holdings Ltd. v. Canada [2011] S.C.J. No. 63 Taxation -- Federal income tax -- Computation of tax -- Corporations -- Amalgamations -- Paid-up capital -- Non-residents -- Withholding tax -- Dividends -- Tax avoidance -- General anti-avoidance rule -- Avoidance transaction -- Series of transactions -- Appeal by Copthorne Holdings from decision upholding Minister's reassessment applying general anti-avoidance rule (GAAR) and finding that a deemed dividend arose on the redemption of shares dismissed -- Parent and subsidiary corporations became sister corporations owned by same shareholder, and were subsequently amalgamated -- Corporation redeemed shares and paid out paid-up capital to shareholder -- Payment was not treated as taxable income, but as return of capital -- Transactions that took place were properly reassessed under GAAR -- There was a tax benefit, the transaction giving rise to tax benefit was an avoidance transaction, and avoidance transaction giving ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1094&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1092&rssid=5 Thu, 15 Dec 2011 11:02:50 -0500 Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) [2011] S.C.J. No. 62 Administrative law -- Judicial review and statutory appeal -- Standard of review -- Reasonableness -- Appeal by union from decision overturning chambers judge's decision to set aside arbitrator's decision due to insufficient reasons dismissed -- Dunsmuir did not stand for proposition that adequacy of reasons was stand-alone basis for quashing a decision -- Reasons may not include all arguments, statutory provisions, jurisprudence or other details reviewing judge would have preferred, but that did not impugn validity of the reasons or the result under a reasonableness analysis -- If reasons allowed reviewing court to understand why tribunal made its decision and permitted it to determine whether conclusion was within range of acceptable outcomes, Dunsmuir criteria were met -- Arbitrator's decision was reasonable. Administrative law -- Natural justice -- Duty of ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1092&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1090&rssid=5 Mon, 19 Dec 2011 13:00:09 -0500 Alberta (Information and Privacy Commissioner) v. Alberta Teachers' Association [2011] S.C.J. No. 61 Administrative law -- Judicial review and statutory appeal -- Standard of review -- Reasonableness -- Review for lack or excess of jurisdiction -- Deference to expertise of decision maker -- When available -- Matters not subject to review -- Appeal by Information and Privacy Commissioner from ruling upholding chambers judge's decision to quash adjudicator's decision that Commissioner had lost jurisdiction due to the failure to extend the period for the completion of an inquiry within the prescribed time allowed -- Timelines issue was subject to judicial review -- Although issue was not raised before the Commissioner or adjudicator, it was implicitly decided by both of them, and there was no evidentiary inadequacy or prejudice to parties -- Implied decision of Commissioner to extend time after 90 days as implicitly adopted by delegated adjudicator was reviewable ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1090&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1088&rssid=5 Thu, 08 Dec 2011 13:48:19 -0500 Quebec (Attorney General) v. Canada (Human Resources and Social Development) * * * * * * * Constitutional law -- Constitutional validity of legislation -- Interpretive and constructive doctrines -- Paramountcy doctrine -- The appeal raised the issue of the interplay between a provincial statutory provision according to which provincial income replacement benefits received by an injured worker were exempt from seizure and a federal statutory provision that authorized the issuance by the Commission of a requirement to pay -- In the instant case, there was no exception in the Employment Insurance Act to the effect that Parliament intended to limit the requirement to pay mechanism to what was authorized by provincial legislation -- Further, it was apparent from the purpose and scope of the federal measure that Parliament did not consent to the restriction imposed by the provincial provision -- The two provisions were in conflict and the doctrine of federal paramountcy applied ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1088&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1086&rssid=5 Fri, 02 Dec 2011 13:04:16 -0500 Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals [2011] S.C.J. No. 59 Labour arbitration -- Appeals and judicial review -- Standard of review -- Considerations -- Deference -- Reasonableness -- Appeals to Court of Appeal and Supreme Court of Canada -- Appeal by Nor-Man Regional Health Authority from judgment reversing decision to dismiss application for judicial review of arbitral award allowed -- Arbitrator held that union was barred from grieving employer's decision due to long-standing acquiescence -- Court of Appeal held that correctness was governing standard of review and, applying that standard, set aside the estoppel imposed by arbitrator -- As a general rule, reasonableness was the standard of review governing arbitral awards under a collective agreement -- Contrary to Court of Appeal's finding, the imposition of an estoppel was not an aspect of the award that fell outside the protected zone of deference -- Arbitrator's ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1086&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1084&rssid=5 Wed, 30 Nov 2011 12:47:28 -0500 R. v. Bouchard-Lebrun * * * * * * * Criminal law -- Criminal Code offences -- Offences against person and reputation -- Assaults -- Assault -- Assault causing bodily harm -- Appeal by the accused who is now appealing the judgment of the Quebec Court of Appeal, which rejected the argument that a toxic psychosis resulting from the voluntary consumption of drugs is a "mental disorder" within the meaning of s. 16 Cr. C. -- The Court of Appeal therefore did not err in law in holding that s. 33.1 Cr. C. was applicable rather than s. 16 Cr. C. -- The accused was not suffering from a "mental disorder" -- A malfunctioning of the mind that results exclusively from self-induced intoxication cannot be considered a disease of the mind in the legal sense, since it is not a product of the individual's inherent psychological makeup -- Appeal dismissed. Criminal law -- Defences -- Insanity or mental disorder -- Appeal by the accused who is now appealing the judgment of the Quebec Court of ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1084&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1082&rssid=5 Tue, 22 Nov 2011 08:24:40 -0500 No summary available. http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1082&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1080&rssid=5 Thu, 10 Nov 2011 11:57:31 -0500 Lax Kw'alaams Indian Band v. Canada (Attorney General) [2011] S.C.J. No. 56 Aboriginal law -- Aboriginal status and rights -- Aboriginal rights -- Creation and existence -- Defining characteristic of culture -- Appeal by Indian Band and other First Nations from decision upholding rejection of appellants' claims to commercial harvesting and sale of all species of fish within their traditional waters dismissed -- Trial judge found that to the limited extent that pre-contact society traded in fish and fish products, such trade was specific to a product derived from a single species -- Trade in fish more generally was not integral to their distinctive society and thus did not provide a foundation for a s. 35(1) Aboriginal right to a modern wealth-generating industrial fishery -- Evidence supported judge's finding that transformation of pre-contact eulachon grease trade into a modern commercial fishery would not be evolution but the creation of a different right. Aboriginal ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1080&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1078&rssid=5 Thu, 10 Nov 2011 12:01:37 -0500 No summary available. http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1078&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1076&rssid=5 Wed, 30 Nov 2011 15:05:43 -0500 R. v. Sarrazin [2011] S.C.J. No. 54 Criminal law -- Procedure -- Jury -- Trial judge's duties -- Charge or directions -- Appeal by Crown from judgment setting aside respondents' convictions for second degree murder and ordering a new trial dismissed -- Court of Appeal found that a verdict of attempted murder was open to the jury but trial judge did not leave it with that option -- Rules governing application of curative proviso should not be relaxed -- Trial judge's error in failing to put to the jury the option of a lawful verdict that matched the defence's theory and that was open to the jury on the evidence could not be dismissed as “harmless” because it was impossible to be certain that if this had been done the verdict would not have been different -- Proviso had no application in the circumstances of the case. Criminal law -- Appeals -- Grounds -- Question of law -- Powers of appellate court -- New trial -- Appeal by Crown from judgment ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1076&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1074&rssid=5 Fri, 28 Oct 2011 11:56:20 -0400 Canada (Canadian Human Rights Commission) v. Canada (Attorney General) [2011] S.C.J. No. 53 Administrative law -- Judicial review and statutory appeal -- Standard of review -- Reasonableness -- Review for lack or excess of jurisdiction -- Deference to expertise of decision maker -- Appeal by Mowat and Canadian Human Rights Commission from decision allowing the appeal from Federal Court's decision that Canadian Human Rights Tribunal had the authority to award costs dismissed -- Issue of whether legal costs could be included in Tribunal's compensation order was neither a question of jurisdiction, nor a question of law of central importance to the legal system as a whole and outside the Tribunal's area of expertise within the meaning of Dunsmuir -- As such, Tribunal's decision to award legal costs to the successful complainant was reviewable on the standard of reasonableness -- Tribunal adopted unreasonable interpretation of provisions. Administrative law -- Bodies under ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1074&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1072&rssid=5 Thu, 27 Oct 2011 11:54:04 -0400 British Columbia (Workers' Compensation Board) v. Figliola [2011] S.C.J. No. 52 Administrative law -- Judicial review and statutory appeal -- Standard of review -- Reasonableness -- Patent unreasonableness -- Review for lack or excess of jurisdiction -- Appeal by British Columbia Workers' Compensation Board from decision restoring Human Rights Tribunal's decision allowed -- Respondents elected to file complaints with Tribunal rather than apply for judicial review of decision of Board's Review Division -- Tribunal dismissed Board's motion to dismiss respondents' complaints -- Section 27(1)(f) of Human Rights Code was not a statutory invitation either to "judicially review" another tribunal's decision, or to reconsider a legitimately decided issue in order to explore whether it might yield a different outcome -- Because Tribunal based its decision to proceed with complaints and have them relitigated on predominantly irrelevant factors and ignored its true mandate under s. ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1072&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1070&rssid=5 Wed, 26 Oct 2011 12:26:39 -0400 R. v. Barros [2011] S.C.J. No. 51 Criminal law -- Criminal Code offences -- Offences against the administration of law and justice -- Misleading justice -- Obstruction of justice -- Offences against rights of property -- Robbery and extortion -- Extortion -- Appeal by Barros from decision setting aside his acquittals on a count of obstruction of justice and two counts of extortion and ordering a new trial allowed in part -- There was no authority for the proposition that the substantive rule of confidentiality meant that an accused and his representatives were prohibited from attempting to identify an informant for a lawful purpose and by lawful means -- There was evidence against Barros that, if believed, would establish intent to obstruct justice -- Consequently, to direct a verdict of acquittal was an error of law justifying a new trial -- Order for a new trial on the first extortion charge was affirmed, but acquittal on second extortion count should stand, as error had ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1070&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1068&rssid=5 Tue, 25 Oct 2011 12:59:14 -0400 No summary available. http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1068&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1066&rssid=5 Mon, 24 Oct 2011 13:31:18 -0400 No summary available. http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1066&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1064&rssid=5 Thu, 20 Oct 2011 11:44:58 -0400 R. v. Katigbak [2011] S.C.J. No. 48 Criminal law -- Appeals -- Powers of appellate court -- New trial -- Substitution of verdict -- Appeal by accused from decision setting aside his acquittal and registering a conviction for possession of child pornography allowed, and new trial ordered -- Trial judge made errors of law regarding both pre-amendment and post-amendment versions of provisions dealing with child pornography defences -- Judge did not address requirements for pre-amendment public good defence and erred in her interpretation of the phrase "legitimate purpose" in post-amendment version by inquiring solely into accused's subjective purpose for possessing material -- In light of errors, Court of Appeal was correct to set aside acquittal -- However, it erred in substituting a conviction -- Because of the erroneous analytical framework applied at trial, trial judge did not make the necessary findings of fact for an appellate court to find accused guilty. Criminal ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1064&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1062&rssid=5 Wed, 19 Oct 2011 11:17:15 -0400 Crookes v. Newton [2011] S.C.J. No. 47 Tort law -- Defamation -- Publication -- What constitutes publication -- In mass media -- Internet -- Appeal by plaintiffs from dismissal of their defamation action dismissed -- Defendant posted article on his website which contained hyperlinks to other websites, which in turn contained information about individual plaintiff -- To succeed in an action for defamation, plaintiff must prove that defamatory words were published, that is, that they were communicated to at least one person other than the plaintiff -- Making reference to the existence and/or location of content by hyperlink or otherwise, without more, is not publication of that content -- Since the use of a hyperlink cannot, by itself, amount to publication, plaintiff's action could not succeed. Information technology -- Internet -- Defamation -- Hypertext links -- Appeal by plaintiffs from dismissal of their defamation action dismissed -- Defendant posted ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1062&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1060&rssid=5 Fri, 14 Oct 2011 11:49:22 -0400 R. v. Côté * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Criminal law -- Appeals -- Grounds -- Question of law -- Powers of appellate court -- Substitution of verdict -- By finding that the police did not intend to act prejudicially, the Court of Appeal exceeded its role by re-characterizing the evidence -- In doing so, it departed from express findings by the trial judge, which were not tainted by any clear and determinative error -- The Court of Appeal should not have interfered with the trial judge's s. 24(2) determination by assigning greater importance to the seriousness of the offence when the trial judge was fully aware of this factor and properly weighed it -- Appeal allowed. Criminal law -- Constitutional issues -- Canadian Charter of Rights and Freedoms -- Legal rights -- Procedural rights -- Protection against self-incrimination, right to silence -- Protection against unreasonable search and seizure -- ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1060&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1058&rssid=5 Thu, 06 Oct 2011 11:34:01 -0400 R. v. J.M.H. [2011] S.C.J. No. 45 Criminal law -- Criminal Code offences -- Offences against person and reputation -- Assaults -- Sexual assault -- Consent -- Appeal by accused from judgment setting aside his acquittals and ordering a new trial allowed -- Accused was charged with two counts of sexual assault -- Court of Appeal found that trial judge's "piecemeal" approach to evidence was incompatible with his obligations to consider cumulative effect of all relevant evidence and constituted an error of law -- Trial judge did not fail to consider the evidence as a whole -- Court of Appeal misapprehended the record when it faulted the trial judge for not referring to complainant's evidence about the fact that she did not consent to the sexual activity. Criminal law -- Appeals -- Grounds -- Misapprehension of or failure to consider evidence -- Question of law -- Right of -- By Crown -- Appeal by accused from judgment setting aside his acquittals on two charges of ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1058&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1056&rssid=5 Fri, 30 Sep 2011 12:17:12 -0400 Canada (Attorney General) v. PHS Community Services Society [2011] S.C.J. No. 44 Constitutional law -- Division of powers -- Federal jurisdiction -- Federal powers -- Criminal law -- Provincial jurisdiction -- Provincial powers -- Determination of jurisdiction -- Appeal by Attorney General from decision granting Insite a constitutional exemption, permitting it to continue to operate free from federal drug laws dismissed -- The criminal prohibitions on possession and trafficking in the Controlled Drugs and Substances Act (CDSA) were constitutionally valid and applicable to Insite under the division of powers -- In pith and substance, the impugned provisions of the CDSA were valid exercises of the federal criminal law power -- Scheme of the CDSA conformed to the Charter -- However, the actions of federal Minister of Health in refusing to extend Insite's exemption under s. 56 of the CDSA were in violation of s. 7 of the Charter, and could not be justified under s. 1 -- Accordingly, ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1056&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1054&rssid=5 Fri, 23 Sep 2011 11:28:16 -0400 R. v. Topp [2011] S.C.J. No. 43 Criminal law -- Sentencing -- Non-Criminal Code and regulatory offences -- Particular sanctions -- Imprisonment -- Fines -- Sentencing considerations -- Miscellaneous sentencing considerations -- Procedure -- Appeals -- Appeal by Crown from sentence of 5-years' imprisonment imposed on Topp after he was convicted of using his business to defraud Canada Customs of $4.7 million dismissed -- Trial judge refused to impose $4.7 million fine sought by Crown because she was not satisfied that Topp would be able to pay -- Court could only impose a fine if it was satisfied, on a balance of probabilities, that the offender had the ability to pay -- Judge did not err in deciding not to impose a fine -- She was not satisfied that Topp was able to pay -- This conclusion was open to her -- Criminal Code, s. 734(2). Appeal by the Crown from the judgment of the Court of Appeal for Ontario affirming Topp's sentence of five years' imprisonment. ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1054&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1052&rssid=5 Thu, 29 Sep 2011 15:06:39 -0400 R. v. Imperial Tobacco Canada Ltd. [2011] S.C.J. No. 42 Civil litigation -- Civil procedure -- Parties -- Party types -- Government or Crown agents -- Third party procedure -- Notice -- Striking out or setting aside -- Third party defence -- Appeals -- Cross-appeals -- Appeals by Government of Canada from decisions that claims by tobacco companies for negligent misrepresentation and negligent design should be allowed to go to trial allowed -- Tobacco companies were defendants in two actions and issued third party notices to Canada, alleging that if found guilty, they were entitled to compensation for negligent misrepresentation, negligent design, and failure to warn -- Court of Appeal allowed in part companies' appeals from decisions striking notices -- All claims brought against Canada were bound to fail and were struck -- Alleged negligent misrepresentations to tobacco industry should not give rise to tort liability because of policy considerations. Health ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1052&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1050&rssid=5 Thu, 28 Jul 2011 11:18:27 -0400 Kuwait Airways Corp. v. Iraq * * * * * * * Civil procedure -- Costs -- Taxation of bill of costs -- The Court allowed the appeal of Kuwait Airways Corporation with costs throughout -- The appellant's bill of costs was filed for taxation against the Republic of Iraq and Bombardier Aerospace -- Although Bombardier Aerospace was designated a respondent under the Supreme Court's rules of procedure, it did not participate in the proceedings -- To infer that the Court intended to also award costs against Bombardier Aerospace would be to unduly expand the scope of its conclusion -- The motion of Bombardier Aerospace is granted in part in order to extend the time to serve and file the motion and to declare that the award of costs does not apply to the respondent, mis-en-cause, Bombardier Aerospace and that the bill of costs may not be taxed against it -- Motion granted in part. http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1050&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1048&rssid=5 Thu, 28 Jul 2011 11:44:49 -0400 R. v. Sinclair [2011] S.C.J. No. 40 Criminal law -- Evidence -- Methods of proof -- Circumstantial evidence -- Inferences -- Of fact -- Appeal by Crown from decision ordering a new trial for Sinclair on the ground that trial judge misapprehended evidence allowed -- Trial judge drew two key inferences to find Sinclair guilty, that he was at the crime scene and that he was one of the victim's assailants -- While the record did not disclose any evidence of a planned robbery, trial judge did not rely on such evidence to infer that Sinclair was at the crime scene -- From the evidence, which she assessed correctly, the trial judge drew the inference that Sinclair and Pruden-Wilson were together throughout and that Sinclair was at the scene. Criminal law -- Appeals -- Grounds -- Misapprehension of or failure to consider evidence -- Unreasonable verdict -- Powers of appellate court -- New trial -- Appeal by Crown from decision ordering a new trial for Sinclair on the ground ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1048&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1046&rssid=5 Fri, 22 Jul 2011 11:10:54 -0400 Dubé v. Canada [2011] S.C.J. No. 39 Aboriginal law -- Communities and governance -- Taxation -- Tax exemptions -- Income tax -- Appeal by aboriginal taxpayer from decision that he was not exempt from income tax otherwise payable on interest which he earned on term deposits with an on-reserve savings and credit union allowed -- Property was situated on a reserve and entitled to exemption from taxation under s. 87 of Indian Act -- There were strong connecting factors between income and reserve -- Income derived from contractual obligation entered into on a reserve with institution carrying on business on that reserve to pay fixed sums of money on that reserve -- Fact that institution was not on appellant's reserve did not make income ineligible for exemption. Taxation -- Federal income tax -- Exemptions -- Indians -- Income situated on a reserve -- Appeal by aboriginal taxpayer from decision that he was not exempt from income tax otherwise payable on interest which he ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1046&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1044&rssid=5 Fri, 22 Jul 2011 11:12:28 -0400 Bastien Estate v. Canada [2011] S.C.J. No. 38 Aboriginal law -- Communities and governance -- Commercial activities -- On aboriginal lands -- Taxation -- Tax exemptions -- Income tax -- Appeal by estate from dismissal of appeal from decision that status Indian's investment income was not exempt from taxation allowed -- Indian invested income from operation and sale of business with Caisse -- Investments paid interest which Minister assessed to include in Indian's income -- It was Indian's business income, generated on reserve, which produced capital which in turn was invested to produce income -- Since exemption from taxation protected Indians' personal property situated on reserve, where investment vehicle was contractual debt obligation, focus should be on investment activity of Indian investor and not on that of debtor financial institution. Taxation -- Federal income tax -- General principles -- Source of income -- Business and property income -- Exemptions -- Indians ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1044&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1042&rssid=5 Thu, 21 Jul 2011 12:41:16 -0400 Alberta (Aboriginal Affairs and Northern Development) v. Cunningham [2011] S.C.J. No. 37 Aboriginal law -- Aboriginal status and rights -- Aboriginal status -- Aboriginal persons -- Métis -- Loss of status -- Constitutional issues -- Canadian Charter of Rights and Freedoms -- Appeal by Alberta (Minister of Aboriginal Affairs and Northern Development) from judgment finding that denial of membership as Métis violated Charter and was unconstitutional allowed -- Claimants' membership in Métis settlement was revoked pursuant to Métis Settlements Act because they registered as status Indians under Indian Act -- Section 15(2) of Charter, which permitted inequalities associated with ameliorative programs aimed at helping disadvantaged groups, provided complete answer to s. 15 claim -- Purpose and effect of MSA was to enhance Métis identity, culture, and self-governance -- Exclusion of status Indians from membership in Métis land base served and advanced this object and hence was ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1042&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1040&rssid=5 Fri, 15 Jul 2011 12:51:21 -0400 Canada Trustco Mortgage Co. v. Canada [2011] S.C.J. No. 36 Banking and finance law -- Banking -- Deposits -- Deposit -- Debtorcreditor relationship -- Accounts -- Obligations of bank -- Repayment of deposits -- Collection of cheques and bills -- Joint accounts -- Appeal by Trustco from judgment dismissing its objections to requirements to pay issued by Minister allowed -- McLeod owed taxes to federal government -- Minister learned that cheques payable to McLeod were being drawn on McLeod's trust account and deposited in joint account held by McLeod and another party -- In crediting joint account, sending cheques to third party for clearing, and receiving proceeds, Trustco was acting on basis of its contractual relationship with holders of joint account and not on behalf of McLeod personally -- Trustco's acceptance of cheques for deposit in joint account could not have resulted in a liability to pay Receiver General, as obligation resulting from that acceptance was to holders of joint ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1040&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1038&rssid=5 Thu, 14 Jul 2011 15:58:25 -0400 Schreyer v. Schreyer [2011] S.C.J. No. 35 Family law -- Marital property -- Equalization or division -- Considerations -- Insolvency of party -- Debts -- Appeal by wife from judgment of Manitoba Court of Appeal denying her recovery of an equalization payment owed after the division of the family assets dismissed -- Husband made assignment in bankruptcy prior to valuation of assets and was subsequently discharged from bankruptcy -- Court of Appeal found that wife's claim was provable and was extinguished by discharge -- Court of Appeal did not err in treating wife's claim as a debt -- Wife's equalization claim was provable in husband's bankruptcy -- The bankruptcy and discharge had the effect of releasing the husband from it. Bankruptcy and insolvency law -- Creditors and claims -- Claims -- Provable claims -- Appeal by wife from judgment of Manitoba Court of Appeal denying her recovery of an equalization payment owed after the division of the family assets dismissed -- Husband made ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1038&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1034&rssid=5 Fri, 24 Jun 2011 12:10:35 -0400 R. v. Nixon [2011] S.C.J. No. 34 Criminal law -- Prosecution -- Prosecutorial discretion -- Role of the Crown -- Appeal by Nixon from judgment of Alberta Court of Appeal ordering a new trial dismissed -- Counsel entered into plea agreement where accused would plead guilty to lesser charge -- Acting Assistant Deputy Minister (ADM) instructed Crown to withdraw plea agreement -- Nixon brought application under s. 7 of Charter, seeking a court direction requiring Crown to complete the agreement -- Court of Appeal correctly found that application judge applied incorrect test for abuse of process, and that there was no basis for finding that appellant's s. 7 rights were breached -- Decision to repudiate plea agreement constituted an act of prosecutorial discretion and was only subject to judicial review for abuse of process -- ADM acted in good faith and accused suffered no prejudice. Criminal law -- Constitutional issues -- Canadian Charter of Rights and Freedoms -- ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1034&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1032&rssid=5 Thu, 23 Jun 2011 11:28:28 -0400 Aecon Buildings, a Division of Aecon Construction Group Inc. v. Stephenson Engineering Limited [2011] S.C.J. No. 33 Civil litigation -- Civil procedure -- Appeals -- Leave to appeal -- Application by Aecon Buildings for an order pursuant to Rules 25, 47(1)(b) and 92.1 permitting publications annexed to an affidavit to be added to its application for leave to appeal dismissed -- Aecon argued that articles demonstrated that application was of public importance and were not available when leave application was served and filed -- Court generally took the view that the question of whether a legal issue was of public importance was not a matter on which affidavit evidence was helpful -- Whether the rule itself raised a legal question of public importance was for the leave panel to decide -- Material sought to be filed was of no additional assistance in this respect. http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1032&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1030&rssid=5 Thu, 23 Jun 2011 11:27:16 -0400 R. v. Campbell [2011] S.C.J. No. 32 Criminal law -- Constitutional issues -- Canadian Charter of Rights and Freedoms -- Legal rights -- Protection against unreasonable search and seizure -- Appeal by accused from decision allowing Crown's appeal, setting aside his acquittals and remitting charges for trial dismissed -- Police obtained and executed search warrant in townhouse operating as a rooming house and found sawed-off shotgun and ammunition in room rented by accused -- Trial judge found that search was unconstitutional, excluded evidence and acquitted accused -- Information to Obtain left much to be desired in relation to setting out the reasonable and probable grounds of each unit to be searched -- However, accused failed to establish that there were insufficient grounds to issue a warrant to search his room -- Search and seizure were constitutional. Criminal law -- Powers of search and seizure -- Search warrants -- Reasonable grounds -- Scope -- Validity -- Appeal ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1030&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1028&rssid=5 Fri, 17 Jun 2011 10:59:40 -0400 R. v. E.M.W. [2011] S.C.J. No. 31 Criminal law -- Evidence -- Witnesses -- Examination -- In chief -- Limitations -- Appeal by Crown from judgment of Nova Scotia Court of Appeal setting aside accused's conviction for sexual assault on the ground of miscarriage of justice and ordering a new trial allowed -- The questions put by Crown counsel to the accused in examination in chief did not suggest an answer or assume a state of facts that was in dispute -- The trial judge's reasons showed that he was alive to the concerns raised by inappropriate aspects of the trial, and took them into account in his careful and detailed reasons. Criminal law -- Appeals -- Grounds -- Miscarriage of justice -- Powers of appellate court -- New trial -- Procedure -- Appeal by Crown from judgment of Nova Scotia Court of Appeal setting aside accused's conviction for sexual assault on the ground of miscarriage of justice and ordering a new trial allowed -- The failure to expressly raise miscarriage ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1028&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1025&rssid=5 Fri, 10 Jun 2011 12:06:07 -0400 Canada (Attorney General) v. Mavi [2011] S.C.J. No. 30 Administrative law -- Natural justice -- Duty of fairness -- Procedural fairness -- Statutory requirements -- Practice and procedure -- General principles -- Legislation -- Interpretation -- Statutes -- Appeal by Attorney General from decision that governments owed duty of procedural fairness to sponsors whose immigrating relatives received social assistance and who were deemed to have defaulted on their undertaking allowed in part -- Government owed sponsors a duty of procedural fairness when enforcing sponsorship debt -- Duty of procedural fairness included obligation to notify sponsor of the claim, to afford sponsor an opportunity to explain in writing the circumstances that militated against immediate collection, to consider relevant circumstances brought to its attention, and to notify sponsor of government's decision, but without the need to provide reasons -- Requirements of procedural fairness were met. Administrative ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1025&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1023&rssid=5 Thu, 09 Jun 2011 12:19:42 -0400 R. v. O'Brien [2011] S.C.J. No. 29 Criminal law -- Appeals -- Burden on appellant -- Grounds -- Question of law -- Powers of appellate court -- Appeal by Crown from decision overturning accused's conviction of three offences, including robbery allowed -- At trial, investigating officer referred to accused's criminal record -- Court of Appeal found that curative proviso was not available because even though judge made no reference to character evidence in his reasons, there was no indication he was aware that it could not be considered -- Trial judges were not required to itemize every conceivable issue, argument or thought process -- Trial judges were entitled to have their reasons reviewed based on what they said, not on the speculative imagination of reviewing courts -- Trial judge said in his reasons that he relied entirely on DNA evidence, which meant that he did not rely on character evidence -- Admission of improper character evidence was a harmless error of law. Criminal ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1023&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1021&rssid=5 Fri, 27 May 2011 11:20:01 -0400 R. v. J.A. [2011] S.C.J. No. 28 Criminal law -- Criminal Code offences -- Offences against person and reputation -- Assaults -- Sexual assault -- Consent -- Appeal by Crown from decision setting aside accusedâs conviction for sexual assault allowed -- The Court had to determine whether consent for the purposes of sexual assault required the complainant to be conscious throughout the sexual activity -- The definition of consent for sexual assault required the complainant to provide actual active consent throughout every phase of the sexual activity -- It was not possible for an unconscious person to satisfy this requirement, even if she expressed her consent in advance -- Any sexual activity with an individual who was incapable of consciously evaluating whether she was consenting was therefore not consensual within the meaning of the Criminal Code. Appeal by the Crown from a judgment of the Court of Appeal for Ontario setting aside the accusedâs conviction ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1021&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1019&rssid=5 Thu, 26 May 2011 12:15:51 -0400 Masterpiece Inc. v. Alavida Lifestyles Inc. [2011] S.C.J. No. 27 Intellectual property law -- Trade-marks -- Registration -- Entitlement to registration -- Application -- Date of first use in Canada -- Proposed use of trade-mark -- Opposition -- Grounds -- Confusion -- Matter of first impression test -- Totality of the marks test -- Extent of use -- Nature of wares, services or business -- Degree or resemblance, sound or idea -- Lack of distinctiveness -- Expungement -- Grounds -- Not distinctive -- Procedure -- Evidence -- Experts -- Case management -- Appeal by Masterpiece from dismissal of its application to expunge trade-mark registered by Alavida allowed -- Alavida registered trade-mark âMasterpiece Livingâ -- Applicant had been using unregistered trade-mark of âMasterpiece the Art of Livingâ prior to registration of Alavidaâs trade-mark -- Both parties were involved in retirement residence industry -- Judge erred in assessment of resemblance of trade-marks ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1019&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1017&rssid=5 Tue, 28 Jun 2011 15:47:29 -0400 i Trade Finance Inc. v. Bank of Montreal [2011] S.C.J. No. 26 Creditors and debtors law -- Judgment -- Effect of judgment -- General principles -- Direction to pay -- Sum of money due and owing -- Appeal by i Trade from judgment allowing appeal by Bank of Montreal from decision that appellant was entitled to disputed funds dismissed -- Appellant provided financing to company based on misrepresentations -- Company's president then used funds to purchase shares from Bank, which were credited to investment account -- Appellant's claim was pursuant to order it obtained authorizing it to trace funds into the hands of persons other than bona fide purchasers for value without notice -- Court of Appeal correctly found that Bank obtained a security interest under Personal Property Security Act and that it was a bona fide purchaser for value without notice. Creditors and debtors law -- Fraudulent preferences -- Interpretation -- Surety or guarantor -- Preferences that ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1017&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1012&rssid=5 Fri, 13 May 2011 12:53:08 -0400 Canada (Information Commissioner) v. Canada (Minister of National Defence) [2011] S.C.J. No. 25 Government law -- Access to information and privacy -- Access to information -- Governmental or public information -- Legislation -- Federal -- Access to Information Act -- Right to information -- Appeal by Information Commissioner of Canada from a judgment of the Federal Court of Appeal concerning four applications by the Commissioner for judicial review of refusals to disclose certain records requested under the Access to Information Act dismissed -- The court below correctly found that the Office of the Prime Minister, or a Minister, was not a "government institution" within the meaning of the Act -- In addition, the records requested were not under the control of the related government institution within the meaning of s. 4 of the Act -- Prime Minister was not an officer of the Privy Council Office so exception from prohibition in s. 19 of Act did not apply and records could ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1012&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1010&rssid=5 Thu, 12 May 2011 11:20:17 -0400 Alberta v. Elder Advocates of Alberta Society [2011] S.C.J. No. 24 Civil litigation -- Civil procedure -- Parties -- Class or representative actions -- Pleadings -- Striking out pleadings or allegations -- Grounds -- Failure to disclose a cause of action or defence -- Appeal by Province of Alberta from decision upholding plaintiff class's entitlement to pursue causes of action based on breach of fiduciary duty, negligence and bad faith in the exercise of discretion allowed in part -- Residents of long-term care facilities sued as a class, alleging that government artificially elevated the required resident contributions to subsidize medical expenses that were properly the responsibility of government -- Pleas of fiduciary duty, negligence and bad faith disclosed no cause of action and were struck out in their entirety, but claim of unjust enrichment survived -- Certification of class was upheld, as class proceeding remained the preferable procedure. Government law ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1010&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1008&rssid=5 Fri, 20 May 2011 12:33:52 -0400 Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. [2011] S.C.J. No. 23 Real property law -- Condominiums -- Developers -- Obligations of - Disclosure statement -- Appeal by Sharbern Holding from decision overturning trial judge's decision that developer breached its fiduciary duty to investors of hotel and materially misrepresented its conflict of interest and its agreements with owners of another hotel dismissed -- Developer built and marketed two hotels -- Agreement provided investors of one hotel with guarantee in exchange for higher fees -- Compensation differences were not disclosed to investors and investors suffered loss -- Trial judge erred in concluding that developer was liable for misrepresentation -- Under s. 75 of Real Estate Act, developer could only be liable if it was found to have made material false statements -- Trial judge erred in finding that information was material. Tort law -- Fraud and misrepresentation -- Negligent misrepresentation ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1008&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1006&rssid=5 Fri, 06 May 2011 11:20:20 -0400 R. v. V.Y. [2011] S.C.J. No. 22 Criminal law -- Evidence -- Burden and standard of proof -- Standard of proof -- Beyond a reasonable doubt -- Appeal by Crown from judgment setting aside accused's convictions on charges of sexual assault and unlawful confinement dismissed -- The majority intervened with the verdict mainly on the basis of the trial judge's findings in respect of particular items of evidence, and his failure to explain why certain "factors did not raise a reasonable doubt that the accusations may have been fabricated" -- Court of Appeal did not err in the result in setting aside convictions and ordering a new trial -- Trial judge erred in law by failing to give adequate consideration to the question of whether the evidence raised a reasonable doubt. Criminal law -- Appeals -- Grounds -- Misapprehension of or failure to consider evidence -- Appeal by Crown from judgment setting aside accused's convictions on charges of sexual assault and unlawful confinement ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1006&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1004&rssid=5 Thu, 05 May 2011 11:46:11 -0400 R. v. Loewen [2011] S.C.J. No. 100 Criminal law -- Controlled drugs and substances -- Possession for the purpose of trafficking -- Other substances -- Appeal by Loewen from decision dismissing his appeal from his conviction for possession of cocaine for the purpose of trafficking dismissed -- After being pulled over for speeding, officer smelled freshly burnt marijuana coming from vehicle and found $5,410 in cash on Loewen -- Loewen was arrested and officer discovered 100 grams of cocaine in vehicle -- Loewen claimed that Charter rights were violated but trial judge admitted evidence -- The evidence was sufficient to support trial judge's inference that the necessary grounds for arrest existed -- Section 8 and s 9 Charter rights were not violated. Criminal law -- Constitutional issues -- Canadian Charter of Rights and Freedoms -- Legal rights -- Protection against arbitrary detention or imprisonment -- Protection against unreasonable search and seizure -- Remedies for ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1004&rssid=5 http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1002&rssid=5 Fri, 29 Apr 2011 13:17:39 -0400 Ontario (Attorney General) v. Fraser [2011] S.C.J. No. 20 Constitutional law -- Canadian Charter of Rights and Freedoms -- Fundamental freedoms -- Freedom of association -- Equality rights -- Equal benefit of the law -- Appeal by Attorney General from decision declaring Agricultural Employees Protection Act to be constitutionally invalid allowed -- Respondents challenged constitutionality of Act that excluded farm workers from Labour Relations Act, but crafted a separate labour relations regime for them -- Legislature was not required to provide a particular form of collective bargaining rights to workers in order to secure the effective exercise of their associational rights -- What was protected was associational activity, not a particular process or result -- Under AEPA, employees had the right to make submissions to employers on workplace matters and to have submissions considered in good faith by employer -- AEPA did not violate Charter. Labour law -- Constitutional ... http://www.lexisnexis.ca/info/index.php?dynid=235&decision_id=1002&rssid=5