2019

Manon Montpetit, Assistant Director, DPDD, Commission des droits de la personne et des droits de la jeunesse, has prepared the following case summary which deals with the broad concept of freedom of expression in a contempt of court context.

The Supreme Court of Canada's decision in Tsilhqot'in Nation v. British Columbia, 2014 SCC 44, has far-reaching implications for First Nations, provincial and federal governments alike, say Art Grant and Lisa Glowacki. The decision both clarifies and raises new questions regarding issues of aboriginal title, duties owed by government and the ability of provinces to legislate and govern over aboriginal title lands.

When a judge puts out a call for help, people tend to take notice. So when a British Columbia judge concerned about the constitutionality of hearing fees asked for clarification, the Trial Lawyers Association of British Columbia, the Canadian Bar Association's B.C. Branch, and the Attorney General of British Columbia all stepped up.

With Ebola now reaching North America, it's imperative to be prepared. The CBA's National Labour and Employment Law Section has created a pandemic preparedness resource guide entitled: Pandemics and the Workplace: A Resource for Lawyers (exclusive to CBA members) to address the key questions for employers, unions and employees.

Arman Chak takes a look at the SCC’s Bedford decision, and the ways stigma is used – and misused – to justify a law. The federal government might have been more successful if it had been open about its strategy, he suggests.

BC’s Madam Justice Lynn Smith opened a door in the physician-assisted suicide debate when she ruled that the Criminal Code was unconstitutional, writes Arthur Grant.

One of the primary functions of a construction contract is to allocate risk between the parties. The problem that often arises is that the parties do not properly understand their risk and assume significant exposure, write the authors.