Alleged Copyright Infringers’ Personal Information Protected–For Now
The Federal Court ruled in favour of internet service provider TekSavvy in a judgment released yesterday, overturning a decision to grant a Norwich order that would see the names and addresses of copyright infringers handed over to copyright claimants.
Federal Court of Appeal Latest Group to Weigh In on Workplace Sexual Harassment
A workplace sexual harassment case will be heading back under judicial review following this week’s decision by the Federal Court of Appeal to remit the issue of remedy.
It all started in May 2008, when a woman began working with a crude and vulgar male co-worker at the Canadian Border Services Agency (CBSA). Over the course of the next 14 months, the co-worker repeatedly harassed her, making sexually explicit and violent comments to her several times a day. The woman made a complaint to her superintendent in the fall of 2008, but when the co-worker told his supervisor that he would not make further comments, management considered the issue resolved.
CSIS “Implants” in Electronic Devices Okay… Under These Conditions
A reference put to the Federal Court has upheld Canadian Security Intelligence Service (CSIS) warrants authorizing the use of “implants” on electronic devices to collect and intercept information. In the decision released yesterday, Justice Fothergill
Last Minute Questions Before the End of Prohibition
On the eve of legal Canadian cannabis, I would guess that most people in the country have a vague idea of what legalization will look like. Nevertheless many questions remain unanswered, and they will only be answered through trial and error, case by case. One of the many questionable aspects that remain is how the federal courts will adjust to new federal statutes. Additionally, there remains doubt as to whether or not legalization will actually bring about more liberty for Canadians.
Opinion: Refugee Case a Reminder of Our Own Religious Freedoms
Here in Canada, most people don’t think twice about our guaranteed freedom of conscience and religion. For others seeking refuge in Canada, it may be the first thing that crosses their mind.
A decision in the federal court last week will lead to the redetermination of a case involving a Chinese couple seeking refugee status in Canada. On what grounds are they seeking protection you may ask? Religious persecution.
“Duty of Fairness” – What Does it (Not) Look Like?
One of the first things that comes to many people’s minds when they think about justice is fairness. Here in Canada, we have the right to a fair hearing. Encompassed in the right to a fair hearing is the administrative duty of procedural fairness.
Bombardier Loses Appeal to Keep Federal Loan Repayment Numbers Under Wraps
Bombardier has lost a recent battle in the Federal Court regarding years-old requests made under the Access to Information Act (ATIA). In a partially redacted decision released this week, Justice Mactavish determined that Bombardier had not produced sufficient evidence to show that the information surrounding its re-payable federal loans should be exempted from disclosure.
Federal Court to Begin Webcast Pilot Project
Federal Court hearings of significant public interest will soon be available to view in a webcast thanks to a new pilot project starting this week. Interesting and important cases are to be streamed through an app called Zoom. Participants can log on and watch a live feed of what is happening in Court.
Unconstitutional Refugee Provision Struck Down, Designated Country of Origin Regime Rebuked in Federal Court
In a decision from the Federal Court this week, Justice Boswell declared paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act (IRPA) to be inconsistent with section 15(1) of the Canadian Charter of Rights and
Do Criminals Struggling with Mental Health Issues Deserve Canadian Residency on Humanitarian & Compassionate Grounds?
Picture this: A family moves from the Netherlands to Canada with their seven month old son. The son grows up, goes to Canadian schools, makes Canadian friends and speaks English. At 16, the son is diagnosed with bipolar disorder, beginning a downwards spiral.
Is One Act of Terrorism Enough to Deny Refugee Protection?
Should a terrorist act preclude someone from making a refugee claim under the Immigration and Refugee Protection Act?
What if that terrorist act was committed years ago in a move to advocate for democracy?
Appeal Denied for 94 Year Old Ex-Nazi in High Profile Citizenship Case
A new Federal Court decision this week could potentially be the end of the road for a 94 year old ex-Nazi fighting to avoid deportation. Judge Phelan lifted the stay and dismissed the judicial review of a decision to revoke Mr. Oberlander’s citizenship, due to the fact that no “serious question of general importance” was brought forward.
Canada: One Woman’s Asylum From Domestic Violence
A female asylum seeker could breathe a sigh of relief this week after a federal judge allowed her application for judicial review. She sought refuge in Canada to escape from her violent ex-husband.
Federal Court Rules in Favour of Transparency in Alleged CSIS Spying Case Targeting Protesters
A federal court ruling issued today has reaffirmed the presumption of open courts in Canada in a significant case involving Northern Gateway protesters. Justice Barnes dismissed an order sought by the Attorney General (AG) for confidential filings of the certified tribunal record (CTR) of a Security Intelligence Review Committee complaint hearing. Relief sought under Rule 29(2) of the Federal Court Rules was also rejected, in which the AG asked for the case review to be conducted in camera
SNC-Lavalin Will Not Get Judicial Review of Decision Rejecting Remediation Agreement
In a decision released by the Federal Court this morning, SNC-Lavalin (SNC) was denied an application for judicial review, meaning that the prosecution against the Quebec company will go ahead as usual. SNC applied to have the Court review the Director of Public Prosecutions (DPP)
UOttawa Law Student Faces Setback in Fight to Secure “None of the Above” Option on Federal Ballots
Have you ever entered a voting booth, looked down at the ballot, and found no desirable choice?
You’re not alone. David Rodriguez was so dissatisfied with the choices for the 2015 federal election that he didn’t even bother voting at all. The main reason he stayed home is that there currently is no way for citizens to select “none of the above” on a federal election ballot, and have the ballot be counted. Without a selection, the ballot is rejected. Because of this, he decided to bring the issue to court.
Federal Court Approves $100M Class Action Settlement for Disabled Veterans
The Federal Court approved a class action settlement last week that will compensate disabled veterans for reduced benefit payments on account of their disability.
The lawsuit alleges that deductions from the War Veterans Allowance (WVA), Canadian Forces Income Support benefit (CFIS) and Earning Loss Benefit (ELB) constitute discrimination on the basis of disability, contrary to s 15 of the Canadian Charter of Rights and Freedoms.