Top Ten Most Popular cases in Canada!!

The top 10 most consulted cases on CanLII in 2012:

  1. Langevin, 2012 QCCS 613
  2. Dunsmuir v. New Brunswick, 2008 SCC 9
  3. Meads v. Meads, 2012 ABQB 571
  4. Jones v. Tsige, 2012 ONCA 32
  5. R. v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 SCR 103
  6. Bedford v. Canada, 2010 ONSC 4264
  7. R. v. Grant, 2009 SCC 32
  8. Reference re Secession of Quebec, 1998 CanLII 793 (SCC), [1998] 2 SCR 217
  9. Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817
  10. Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764

These are big cases in Canadian Law and Canadian history. The Oakes test is derived case from #5 and is essential to all constitutional litigation. The Secession reference is great for those who love Canadian history and as well for ‘natural law’ buffs, as the Court sets out several ‘unwritten constitutional principles’. Hmmm.

Baker and Grant are both examples of the structural inequality which exist in Canadian society. The former is former live-in domestic worker Mavis Baker diagnosed with paranoid schizophrenia. Major ramifications for Administrative law. The latter is R v. Grant – seminal reading for Criminal law. The Supreme Court described Mr. Grant as “a young black man”. Grant is stopped by a “general neighbourhood policing” unit. This is what they ask him:

 

Q.   Have you ever been arrested before?

A.   I got into some trouble about three years ago.

Q. Do you have anything on you that you shouldn’t?

A.   No. Well, I got a small bag of weed.

Q.   Where is it?

A.   It’s in my pocket.

Q.   Is that it?

A.   (Male puts his head down.) Yeah. Well, no.

 

Q.   Do you have other drugs on you?

A.   No, I just have the weed, that’s it.

Q.   Well, what is it that you have?

A.   I have a firearm.

 Happy Reading!

Episode 39 – Living Resistance

Welcome et bienvenue to LegalEase: a monthly Montreal-based and produced radio show on 90.3 FM CKUT – a broadcast about law, cast broadly. Le collectif LegalEase est un groupe d’étudiants et étudiantes en droit de la communauté montréalaise.This month the program is entitled, “Living Resistance.”

Listen to the Episode Here

Charles Roach

Bedford has been given leave to appeal to the Supreme Court of Canada. What is Bedford? See past LegalEase programming (yes, we follow-up) and the Ontario Court of Appeal decision, Canada (Attorney General) v. Bedford, 2012 ONCA 186 (CanLII). This month, Garrett Zehr sets up a nice piece featuring Alan Young, Osgoode Law professor and the lawyer, and Tara Santini, a member and consultant for Stella.

Second, Preeti Dhaliwal gives a rousing and thoughtful contribution on Remembrance Day and militarism.

Third, collective member Alyssa Clutterbuck pays tribute to Civil Rights activist and lawyer Charles Roach. Roach fought institutional racism, defended asylum seekers and was a stalwart advocate for social justice. Roach co-founded the Black Action Defence Committee, Caribana, Citizens for a Canadian Republic, and was a long-time member of the Law Union of Ontario.

LegalEase on 90.3 FM is a radio program broadcast every second Friday of the month at 11am EST from Montreal, Quebec. Originally founded by the McGill Legal Information Clinic in 1989, LegalEase is now run by a collective of progressive of law students from McGill University. Our weekly radio show deals with legal topics of interest to the community, with the intention of making the law both accessible and engaging. Tune into our show, follow us on Twitter @LegalEaseCkut, email legalease[at]ckut.ca or check our podcast library for past programming.

Episode 38 – The Status of Status

Welcome et bienvenue to LegalEase: a monthly Montreal-based and produced radio show on 90.3 FM CKUT – a broadcast about law, cast broadly. Le collectif LegalEase est un groupe d’étudiants et étudiantes en droit de la communauté montréalaise.This month the program is entitled, “The Status of Status.”

http://archive.org/details/LegaleaseOnCkut90.3Fm-Episode38october2012-TheStatusOfStatus

Listen to the Episode Here

Give your temples a massage and let your mind be a sponge, because this week LegalEase delves deep into the dynamics of legal discourse and case analysis. This month, LegalEase assesses new develops in Canadian laws concerning HIV status and Aboriginal status.

The Supremes

In our first segment, Jean-Philippe MacKay and Rosel Kim break down the recent Supreme Court of Canada decisions on the subject of HIV status non-disclosure. R. v. D.C., 2012 SCC 48 (CanLII) and R. v. Mabior, 2012 SCC 47 (CanLII).

The second segment looks at the Canadian State’s most recent ruminations on Aboriginal Status. Eden Alexander presents the recent Ontario Court of Appeal decision, United States v. Leonard, 2012 ONCA 622 (CanLII). You may find, as did the learned Sharpe J.A., that this piece “shocks the conscience.”

LegalEase on 90.3 FM is a radio program broadcast every second Friday of the month at 11am EST from Montreal, Quebec. Originally founded by the McGill Legal Information Clinic in 1989, LegalEase is now run by a collective of progressive of law students from McGill University. Our weekly radio show deals with legal topics of interest to the community, with the intention of making the law both accessible and engaging. Tune into our show, follow us on Twitter @LegalEaseCkut, email legalease[at]ckut.ca or check our podcast library for past programming.

Funny Writing Styles – Bruni v Bruni, 2010 ONSC 6568 (CanLII)

Family TIme

Who says Canadian Courts are boring?

[1]     Paging Dr. Freud. Paging Dr. Freud.

[2]     This is yet another case that reveals the ineffectiveness of Family Court in a bitter custody/access dispute, where the parties require therapeutic intervention rather than legal attention. Here, a husband and wife have been marinating in a mutual hatred so intense as to surely amount to a personality disorder requiring treatment.

So begins the decision, Bruni v Bruni, 2010 ONSC 6568 (CanLII), penned by Justice Quinn of the Ontario Superior Court. It is worth going through this piece of juridical writing – despite the lurid details of a messy family dispute, the Justice makes the decision readable and, well, entertaining.

[18]    Larry gave evidence that, less than one month later, Catherine, “Tried to run me over with her van.”[6]

Footnote: [6]  This is always a telltale sign that a husband and wife are drifting apart.

[90]    On another occasion in July of 2009, L said to T: “You put shit in this hand and shit in this hand, smack it together, what do you get? T.”[30]

Footnote [30]   I gather that this is L’s version of the Big Bang Theory.

 [91]    L explained in his evidence that his comments to T were anaemic attempts at humour. They were not intended to be hurtful. I accept his evidence. Mr. L correctly characterized L as a passive man who was not adept at responding to situations involving his post-separation daughter. It is to be remembered that, following separation, L was confronted with an angry, hurt, confused and rebellious daughter who had been receiving advanced animosity-tutoring from C. This would be a difficult situation for even the most talented and perceptive of fathers to overcome. Given L’s near-empty parenting toolbox, it is not surprising that he handled the matter awkwardly. Had C fulfilled her dual parental duty to foster and encourage access between Land T and not to speak disparagingly of him in the presence of T, I am confident that this case would have unfolded differently.

[...]

9.       Spousal support

[158]  I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional).

Footnotes

[2]               At one point in the trial, I asked C: “If you could push a button and make L disappear from the face of the earth, would you push it?” Her I-just-won-a-lottery smile implied the answer that I expected.

[3]               I am prepared to certify a class action for the return of all wedding gifts.

[26]             The New Shorter Oxford EnglishDictionary defines “dickhead” as “a stupid person.” That would not have been my first guess.

Episode 35 – Rethinking Legal Structures

Welcome et bienvenue to LegalEase: a monthly Montreal-based and produced radio show on 90.3 FM CKUT – a broadcast about law, cast broadly. Le collectif LegalEase est un groupe d’étudiants et étudiantes en droit de la communauté montréalaise.This month the program is entitled, “Rethinking Legal Structures.”

“C’est pas extrêmement du fun.”

Listen to the Episode Here

Law?

Host Garret Zehr guides us through three main topics, all of which force a reconsideration of the present legal structure in place. In order: 1) the Quebec Student Movement and the legal struggles of CLASSE and other activists in the courts – J-P MacKay speaks with Me Sibel Ataogul; 2) Adelle Blackett offers an evaluation of the legal framework of labour law, especially as it applies to workers from the global south and in relation to domestic workers; and 3) Me Étienne Poitras sur la sujet des mouvements sociales et les droits de manifestants.

LegalEase on 90.3 FM is a radio program broadcast every second Friday of the month at 11am EST from Montreal, Quebec. Originally founded by the McGill Legal Information Clinic in 1989, LegalEase is now run by a collective of progressive of law students from McGill University. Our weekly radio show deals with legal topics of interest to the community, with the intention of making the law both accessible and engaging. Tune into our show, follow us on Twitter @LegalEaseCkut, email legalease[at]ckut.ca or check our podcast library for past programming.

Episode 34 – Methods of Suppression

Welcome et bienvenue to LegalEase: a monthly Montreal-based and produced radio show on 90.3 FM CKUT – a broadcast about law, cast broadly. Le collectif LegalEase est un groupe d’étudiants et étudiantes en droit de la communauté montréalaise.This month the program is entitled, “Methods of Suppression.”

Methods of Suppression – from popular assembly to personal information to gender identity. What are the tools of the state? LegalEase speaks with Irena Ceric of the Movement Defence Committee, Michael Vaughn of BCCLA, Dean Spade Assistant Professor at Seattle University.

Listen to the Episode Here

RCMP Truth Verification – Fewlings.

LegalEase on 90.3 FM is a radio program broadcast every second Friday of the month at 11am EST from Montreal, Quebec. Originally founded by the McGill Legal Information Clinic in 1989, LegalEase is now run by a collective of progressive of law students from McGill University. Our weekly radio show deals with legal topics of interest to the community, with the intention of making the law both accessible and engaging. Tune into our show, follow us on Twitter @LegalEaseCkut, email legalease[at]ckut.ca or check our podcast library for past programming.

Episode 33: Courage – Legal Decisions and Social Change

Welcome et bienvenue to LegalEase: a monthly Montreal-based and produced radio show on 90.3 FM CKUT – a broadcast about law, cast broadly. Le collectif LegalEase est un groupe d’étudiants et étudiantes en droit de la communauté montréalaise. This month the program is entitled, “Legal Decisions and Social Change.”

Listen to the Episode Here

“Sometimes law precipitates social change, sometimes its the other way around.” This month Garrett Zehr hosts a fine assortment of pieces: discrimination and the law, Insite and its impact across Canada, as well as an opening segment by Stephany Laperriere on law and social movements. What are the contradictions and strengths of legal decisions and social change? LegalEase investigates.

en greve!

LegalEase on 90.3 FM is a radio program broadcast every second Friday of the month at 11am EST from Montreal, Quebec. Originally founded by the McGill Legal Information Clinic in 1989, LegalEase is now run by a collective of progressive of law students from McGill University. Our weekly radio show deals with legal topics of interest to the community, with the intention of making the law both accessible and engaging. Tune into our show, follow us on Twitter @LegalEaseCkut, email legalease[at]ckut.ca or check our podcast library for past programming.