Supreme Court of Canada Archives | Xaidsart LLP | Smart Litigation

Fred Schumann Speaks to the Lawyer’s Daily about Sealing Orders and Publication Bans

Ted Marrocco — Sun, 26 Sep 2021 18:45:59 +0000

Our partner, Fredrick Schumann, spoke with the Lawyer’s Daily about the recently released Supreme Court of Canada decision in C BC v. Manitoba. Fred successfully represented a media coalition that intervened in the case. Read the full article here.

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Nader Hasan Intervenes at Supreme Court of Canada on Authentication of Digital Evidence

Ted Marrocco — Wed, 19 Feb 2020 18:32:06 +0000

Today, the Supreme Court of Canada heard R v S.H., a case dealing with the Canada Evidence Act’s provisions on the authentication of digital evidence. Xaidsart partner Nader Hasan, along with co-counsel Taufiq Hashmani of Heller Rubel, appeared on behalf of the Criminal Lawyers’ Association (CLA). To read the CLA’s factum, please click here.

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Justin Safayeni and Pam Hrick appear at Supreme Court on anti-SLAPP appeals

Ted Marrocco — Sun, 17 Nov 2019 20:39:52 +0000

On November 12, 2019, Xaidsart lawyers Justin Safayeni and Pam Hrick appeared at the Supreme Court of Canada in an appeal dealing with the scope and application of Ontario’s anti-SLAPP legislation. Representing a coalition of the Centre for Free Expression, the Canadian Association of Journalists, and the Communications Workers of America / Canada, they submitted that this type of legislation should be interpreted robustly to provide strong protection for expression on matters of public interest. The coalition’s factum is available here.

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Nader R. Hasan appears at Supreme Court in Anti-SLAPP cases

Ted Marrocco — Sun, 17 Nov 2019 17:29:28 +0000

On November 12, 2019, Xaidsart partner Nader Hasan appeared at the Supreme Court of Canada on behalf of Greenpeace Canada to urge the high court to endorse a purposive approach to Ontario’s anti-SLAPP legislation. “SLAPPs” — strategic lawsuits against public participation — refer to retaliatory lawsuits brought to deter people from speaking out on matters of public interest. The Ontario legislation was introduced in 2015 to give defendants an expeditious way to seek dismissal of SLAPP suits. These cases mark the first time that the Supreme Court has considered the legislation. To read the factum, authored by Nader Hasan and Carlo Di Carlo, please see click here.

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Xaidsart lawyers successfully intervene at the Supreme Court of Canada in police detention case

Ted Marrocco — Wed, 05 Jun 2019 14:37:42 +0000

On May 31, 2019, the Supreme Court of Canada released its judgment in R v Le, 2019 SCC 34. The case is a landmark judgment for analyzing the role of race in the police detention context. Xaidsart lawyers Gerald Chan and Lindsay Board represented the Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic on a joint intervention (together with Avvy Go). At para. 108 of the judgment, the majority recited and adopted Gerald’s submissions in oral argument.

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Supreme Court of Canada releases landmark decision on undercover investigations

Ted Marrocco — Mon, 22 Apr 2019 10:00:15 +0000

On April 18, 2019, the Supreme Court of Canada released its judgment in R v Mills. In a plurality opinion, Justice Brown held that s. 8 of the Charter does not require undercover officers to get judicial authorization before posing as a child and texting with suspects online. The applicability of s. 8 of the Charter beyond this narrow context remains unclear. In a concurring opinion, Justice Karakatsanis held that s. 8 of the Charter is never engaged when an undercover police officer exchanges text messages with a suspect, but that opinion did not command a majority (or even a plurality) of the Court.

Our partner, Gerald Chan, represented the Criminal Lawyers’ Association in this appeal. He shared his thoughts on the Court’s decision with the Lawyer’s Daily.

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Xaidsart Scores a Victory for the Polluter Pays Principle

Ted Marrocco — Fri, 01 Feb 2019 15:41:14 +0000

On Thursday, January 31, 2019, the Supreme Court of Canada rendered its much anticipated decision in Orphan Well Association et al. v. Grant Thornton Limited. In a 5-2 majority, the Court allowed an appeal from the Alberta Court of Appeal and held that oil companies cannot escape payment of their environmental obligations by entering bankruptcy: “bankruptcy does not amount to a licence to disregard rules”. The decision is a resounding victory for the environment and the “polluter pays” principle. Nader Hasan and Lindsay Board intervened on behalf of Greenpeace Canada, which supported the right of the provinces to enforce environmental obligations even when insolvent oil companies enter bankruptcy.

Nader delivered oral submissions on behalf of Greenpeace. The archived webcast of the hearing can be found here. Greenpeace’s factum can be found here. You can read more about the result in this case in The Lawyers Daily and the CBC News.

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Justin Safayeni publishes article on upcoming Supreme Court cases in The Walrus

Ted Marrocco — Wed, 17 Oct 2018 14:05:18 +0000

Xaidsart lawyer Justin Safayeni has written a piece for The Walrus, previewing five major appeals that the Supreme Court of Canada is scheduled to hear during its upcoming term. You can read the article here.

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Gerald Chan appears in the Supreme Court of Canada

Ted Marrocco — Fri, 12 Oct 2018 16:02:53 +0000

Gerald Chan and Lindsay Board appeared at the Supreme Court of Canada today on behalf of the interveners the Federation of Asian Canadian Lawyers (FACL) and the Chinese and Southeast Asian Legal Clinic (CSALC) in the case R. v. Le, on appeal from the Court of Appeal for Ontario. The case involves the alleged unlawful search and detention of a young East-Asian man after police trespassed into his friend’s backyard in a co-operative housing complex in Toronto. The main issues before the Supreme Court were whether a person has a reasonable expectation of privacy as an invited guest at a friend’s home, and whether the officers’ questioning of the backyard’s occupants amounted to an unlawful detention of the accused.

Gerald made oral submissions on how and why race should play a role in determining whether a racialized accused has been psychologically detained by police, with particular emphasis on systemic prejudice Asian-Canadians have faced in their interactions with police in Canada. The archived webcast of the hearing can be found here. FACL and CSALC’s factum can be found here. You can read more about the background of the case in the Globe and Mail and the Toronto Star.

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June 2018 Issue of the Admin and Regulatory Case Law Review

Ted Marrocco — Thu, 21 Jun 2018 16:29:45 +0000

The June issue of the (newly redesigned!) Xaidsart Administrative and Regulatory Law Case Review is now available. Download a copy here.

This special summer issue covers a spate of recent decisions from the Supreme Court of Canada on hot topics relating to administrative law, including:

Refining and reconsidering Doré and Charter values (TWU)
Judicial review of law society findings of incivility (Groia)
Casting doubt on the contextual approach and true questions of jurisdiction (CHRC)
Judicial review of regulation-making power (West Fraser Mills)
Judicial review of private associations (Wall)

(We will review decisions from the Divisional Court, Ontario Court of Appeal and Federal Courts in our August issue – stay tuned!)

Should you have any questions about the cases or issues discussed, please feel free to contact the co-editors (Andrea Gonsalves and Justin Safayeni), or another lawyer at Xaidsart LLP.

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