Extractions: PRESS RELEASE Important decision by Canadian Supreme Court UNHCR welcomes the recognition by the Canadian Supreme Court of the need for states carefully to balance domestic security concerns with human rights protections. In an important decision released on January 11, 2002 in the case of Manickavasagam Suresh v. Minister of Citizenship and Immigration, the Court held that Mr. Suresh, a Convention refugee from Sri Lanka whom the government was seeking to remove from Canada, was entitled to a new deportation hearing. non-refoulement contained in the 1951 Refugee Convention, and its relationship to Article 3 of the 1984 Convention against Torture. Suresh v. Canada (Minister of Citizenship and Immigration)
Extractions: TORONTO (AP) Tribal oral history can provide a valid record of long-standing land claims, Canada's Supreme Court ruled in a landmark decision that could help tribes win swifter, more generous settlements in land disputes. Justices set a series of guidelines Thursday for courts considering such cases. The new provision on oral history, which in many cases is the only evidence tribes have that they once flourished in a region, could give Indian negotiators more leverage. "It's a great day for aboriginal people across Canada," said Herb George, spokesman for the Gitxsan tribe. The Gitxsan and a neighboring tribe, the Wet'suwet'en, have been campaigning since the 1970s for ownership rights over 22,400 square miles of land in northern British Columbia that is rich in salmon, minerals and lumber. The case went to the Supreme Court because a British Columbia court ruled in 1991 that the tribes' right to the land was invalidated more than a century ago with the passage of colonial legislation. The Supreme Court said the 1991 ruling was based on "palpable and overriding error" by the trial judge, who had rejected outright some native oral history and played down the importance of other oral evidence.
Extractions: 19 Apr 2002 12:14:58 +0100 http://www.lexum.umontreal.ca/csc-scc/en/rec/html/laroche.en.html " good God - a sensible court decision... Previous message: [Free-sklyarov-uk] reply from Anne Campbell MP Next message: [Free-sklyarov-uk] Indie music Messages sorted by: [ date ] [ thread ] [ subject ] [ author ]
[Upstream] Canadian Supreme Court Christian Values Disguise For Upstream canadian supreme court Christian Values Disguise for Intolerance.Robert L. Gleiser rgleiser@tscnet.com Sat, 11 Nov 2000 173038 0800 http://www.mugu.com/pipermail/upstream-list/2000-November/000812.html
IP: Canadian Supreme Court Restores Copyright Balance Subject IP canadian supreme court restores copyright balance FromDavid Farber dfarber@earthlink.net ; To ipsub-1@majordomo http://www.interesting-people.org/archives/interesting-people/200204/msg00166.ht
Extractions: Date Prev Thread Prev Thread Next Date Next ... Elist Home Subject http://www.lexum.umontreal.ca/csc-scc/en/rec/html/laroche.en.html http://www.theglobeandmail.com/servlet/ArticleNews/printarticle/gam/20020418/TWGEIS http://www.lawbytes.com . ********************************************************************** Professor Michael A. Geist University of Ottawa Law School, Common Law Section 57 Louis Pasteur St., P.O. Box 450, Stn. A, Ottawa, Ontario, K1N 6N5 Tel: 613-562-5800, x3319 Fax: 613-562-5124 e-mail: mgeist@uottawa.ca URL: http://www.lawbytes.ca Looking for Internet and technology law resources? Check out: - the Canadian Internet Law Resource Page (CILRP) at: http://www.cilrp.org/ http://www.globetechnology.com - the 2nd edition of my Internet law textbook at http://www.captus.com/Information/inetlaw-flyer.htm - Butterworths monthly newsletter Internet and E-commerce Law in Canada at http://www.butterworths.ca/sampleinternetandecommercelawincanada.htm - UDRPInfo.com for information on the ICANN UDRP at http://www.udrpinfo.com
Extractions: July 10, 2001 The Supreme Court of Canada has ruled that a municipal bylaw banning the use of pesticides is constitutional, thereby dismissing an appeal by two lawn-spraying companies, Spraytech and Chemlawn , that challenged a bylaw passed by Hudson, Quebec, a town of 5,400 located west of Montreal. With almost 4.5 million Canadians claiming ownership of a lawn or garden in 1999 and admitting to herbicide and insecticide use during 1998, this decision is taking a swipe at big business while it brings new regulatory power to the grassroots level. The Supreme Court ruling highlights growing concern over pesticides and the other chemicals to which Canadians expose themselves and their children. What began as an undercurrent of environmental wariness has developed into a national concern, as recognized by the Supreme Court in a 1995 statement: "Everyone is aware that individually and collectively, we are responsible for preserving the natural environment...environmental protection has emerged as a fundamental value in Canadian society." Borrowing the definition used in Hudson's Bylaw 270, "pesticides" means "any substance, matter or micro-organism intended to control, destroy, reduce, attract or repel, directly or indirectly, an organism which is noxious, harmful or annoying for a human being, fauna, vegetation, crops or other goods or intended to regulate the growth of vegetation, excluding medicine or vaccine." In the U.S., pesticide exposure has been linked to cancer by the
Realty Times - Real Estate News And Advice Real Estate News and Advice, July 10, 2001. OnLine Real Estate Convention and Exposition,canadian supreme court Supports Municipal Pesticide Limits by PJ Wade. http://realtytimes.com/rtnews/rtcpages/20010710_capesticide.htm
Extractions: by PJ Wade The Supreme Court of Canada has ruled that a municipal bylaw banning the use of pesticides is constitutional, thereby dismissing an appeal by two lawn-spraying companies, Spraytech and Chemlawn , that challenged a bylaw passed by Hudson, Quebec, a town of 5,400 located west of Montreal. With almost 4.5 million Canadians claiming ownership of a lawn or garden in 1999 and admitting to herbicide and insecticide use during 1998, this decision is taking a swipe at big business while it brings new regulatory power to the grassroots level. The Supreme Court ruling highlights growing concern over pesticides and the other chemicals to which Canadians expose themselves and their children. What began as an undercurrent of environmental wariness has developed into a national concern, as recognized by the Supreme Court in a 1995 statement: "Everyone is aware that individually and collectively, we are responsible for preserving the natural environment...environmental protection [has] emerged as a fundamental value in Canadian society."
Extractions: Legal Status Upheld By Canadian Supreme Court The laws in Canada and enforcement focus on protecting community standards, protecting individuals from exploitation, yet at the same time upholding individual rights, including adult individual sexual rights. No where does the law seek to prevent anyone from being or using the services of an adult prostitute. But does lap dancing in strip clubs violate community standards? Are lap dancers being exploited? These are difficult questions. After conflicting lower court rulings, the Supreme Court of Canada made a landmark decision on the lap dance question in late 1999 and it supported individual sexual rights as long as it isn't taken too far. The bottom line is touching dancers by customers including sexually is legally supported as long as it does not involve "masturbation, fellatio, penetration or sodomy." Tuesday 14 December 1999
Extractions: Published in Canadian Historical Review Volume 75, Number 1 March 1994 To see more articles and book reviews from this and other journals visit UTPJOURNALS online at UTPJOURNALS.com The Captive Court: A Study of the Supreme Court of Canada. IAN BUSHNELL. Montreal and Kingston: McGill-Queen's University Press 1992. Pp. xiv, 604. $90.00 Reviewed by PETER H. RUSSELL University of Toronto The Captive Court by Ian Bushnell, a law professor at the University of Windsor, is the second biography of the Supreme Court. The first, published in 1985, was co-authored by a historian, James Snell, and a political scientist, Frederick Vaughan (both from Guelph University). Whereas Snell and Vaughan focused on the Supreme Court's institutional evolution and broad role in Canadian politics, Bushnell's study is more narrowly jurisprudential. The title of Bushnell's book explains why the Supreme Court has been the subject of so little historical writing. For most of its history, Canada's Supreme Court was indeed a captive court - a servile and sterile follower of English judicial decisions. As such, it was incapable of exercising any independent influence on the development of Canadian law or society. The chief merit of Bushnell's study is to probe the conditions of the court's captivity more thoroughly than has ever been done before and to show how self-imposed that captivity was. Bushnell's account of how the appeal to the Judicial Committee of the Privy Council was retained adds considerably to the earlier accounts in this journal by Frank McKinnon and Frank Underhill. Bushnell shows how it was primarily through the fumbling of Canadian politicians, in particular Edward Blake, that Canada missed out on the opportunity to regulate and restrict appeals to the Privy Council. Nonetheless, Bushnell argues, it is a mistake to attribute the Supreme Court's thoroughgoing sterility to the Privy Council appeal per se. The court's captivity was fundamentally to a sterile Canadian legal culture.
Extractions: for Harvard Research Mouse AP 5dec02 TORONTO - A divided Supreme Court ruled Thursday that Canada's 19th-century patent law prohibits Harvard University from patenting a cancer-prone mouse it developed for research. The 5-4 decision is likely to cause the government to consider changing the patent law, which dates back to 1869, to include issues such as genetic engineering that have resulted from modern science and technology. By rejecting a patent for the Harvard mouse, the Supreme Court prevented Canada from joining the United States, Europe and Japan in granting patent protection for a higher life form. The court said the mouse fails to meet the definition of invention written into the federal Patent Act. In writing the majority decision, Justice Michel Bastarache said: "The act in its current form fails to address many of the unique concerns that are raised by the patenting of higher life forms." The case is expected to shape the government's evolving policy on cloning and genetic engineering. Legislation under consideration would ban cloning. Canada has previously allowed patents for single-celled organisms such as bacteria bioengineered for specific industrial jobs.
Extractions: TORONTO - About 1000 people demonstrated in Ottawa February 16 in favor of Quebec's right to self-determination on the opening day of a week-long federal Supreme Court hearing. At the request of the Liberal Party federal government, the court will be examining three questions: Does Quebec have the unilateral right to secede under the Canadian constitution? Does international law accord that right? If the two are different, which takes precedence? The Quebec government has refused to participate in the proceedings, saying that it is the sole right of the Quebecois to decide their fate, not those who live in the predominantly English-speaking provinces. So the Court has appointed a sovereignist lawyer to plead Quebec's case. In addition to the Ottawa's legal representative, a series of lawyers, representatives of Native organizations, proponents of "Canadian unity," and a few supporters of Quebecois sovereignty will appear before the court. In an October 1995 referendum on sovereignty in Quebec, the Yes (to sovereignty) vote lost by such a narrow margin that the results were widely seen as a defeat for the federal government. The June 1997 federal election results further registered the regional fracturing of bourgeois political forces. No party emerged as a national formation with strong representation in both Quebec and elsewhere in Canada. From this position of weakness, the Ottawa government has pursued a sustained course of anti-Quebec propaganda and initiatives, one of which is the Supreme Court case.
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Extractions: The Canadian Supreme Court has decided in a potentially very important case that the purchaser, not the author, of content decides what will happen to it. This decision Also open to debate is how this decision affects areas which are less clearly 'content,' such as software: companies have often stated that when buying a box of software at a store, the purchaser is buying not a copy, but a license to run that software, and so is subject to a licensing agreement. To this point, no Canadian law has established strong powers for the content creators over consumers. This decision may put a block in the way of those organizations and individuals who want to institute limits on the rights of consumers to do what they want with the content they own. Sponsors
Extractions: Date: Thu Apr 18 2002 - 08:43:24 EDT Eugen* Leitl leitl ICBMTO: N48 04'14.8'' E11 36'41.2'' http://www.leitl.org dfarber_at_earthlink.net farber_at_cis.upenn.edu To: ip-sub-1_at_majordomo.pobox.com mgeist_at_uottawa.ca farber_at_cis.upenn.edu http://www.lexum.umontreal.ca/csc-scc/en/rec/html/laroche.en.html ... http://www.lawbytes.com . ********************************************************************** Professor Michael A. Geist University of Ottawa Law School, Common Law Section 57 Louis Pasteur St., P.O. Box 450, Stn. A, Ottawa, Ontario, K1N 6N5 Tel: 613-562-5800, x3319 Fax: 613-562-5124 e-mail: mgeist_at_uottawa.ca URL: http://www.lawbytes.ca Looking for Internet and technology law resources? Check out: - the Canadian Internet Law Resource Page (CILRP) at: http://www.cilrp.org/
Legal Research Links - Professor Bernard Hibbitts Canadian Law canadian supreme court Rulings; Charter of Rights Decisions.Canadian Law Canadian Judges Home Page; Supreme Court of Canada. http://www.law.pitt.edu/hibbitts/law.htm
LawRunner Canada: A Legal Research Tool canadian supreme court Rulings, 19931997 canadian supreme court Bulletins CanadianSupreme Court Rulings Search Interface Canadian Charter of Rights and http://www.ilrg.com/nations/ca/
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Extractions: Canadian Supreme Court Upholds Evidence Obtained in U.S. under MLAT Despite Violations of the Charter Return to the Sample Issue Table of Contents The Canadian Supreme Court has upheld the conviction of a Mr. Terry on second degree murder and has ruled that the statement U.S. police took from him pursuant to the warrant for his arrest, issued by a U.S. District Court acting on an official Canadian request for his extradition, was properly admitted. The appellant, when he was arrested, was sought in connection with the murder of man found stabbed to death in British Columbia. The Canadian police requested the U.S. police to interview the accused, record his statements, and advise him of his rights under U.S. law. Upon his arrest, U.S. police officials complied with the appropriate U.S. legal requirements and issued a Miranda warning. Thereafter, the appellant Terry made a statement denying the murder and contradicting the evidence of witnesses, and challenged the admissibility of the U.S. statement because it violated the requirement under Section 10(b) of the Canadian Charter, since the U.S. police officers had failed to advise Mr. Terry of his right to counsel at the time of arrest. In this regard, U.S. law requires police to advise an accused of his or her right to counsel when confined in a custodial setting and prior to questioning, whereas Canadian law provides that everyone has the right upon arrest or detention to retain and instruct counsel without delay and to be informed of that right.
Supreme Court Of Canada: 1992 Zündel Judgement for Human Rights of B'Nai Brith Canada and the canadian Jewish Congress, Interveners.Reported at 1992 2 SCR 731. 1992 SCJ No. 70. supreme court of Canada http://www.nizkor.org/hweb/people/z/zundel-ernst/supreme-court/
Extractions: Web posted at: 11:09 p.m. EST (0409 GMT) HUNTSVILLE, Texas (CNN) Just a half-hour before he was set to die, the U.S. Supreme Court issued a stay of execution Thursday night for Joseph Stanley Faulder, a Canadian national facing a lethal injection for the 1975 murder of an elderly Texas oil matriarch. "Far out. That suits me," a surprised and relieved Faulder said when prison officials told him about the stay, which will push his execution into at least 1999. The former auto mechanic from Alberta also thanked the Canadian public and news media for focusing attention on his case. "He wasn't dancing or anything like that, but he was obviously very happy," said Larry Fitzgerald, a spokesman for the Texas Department of Criminal Justice. Earlier in the day, the 5th U.S. Circuit Court of Appeals in New Orleans had lifted a stay of execution granted Wednesday by U.S. District Judge Sam Sparks, who questioned whether Faulder got a fair hearing from the Texas Board of Pardons and Paroles before it turned down his bid for clemency.