questions of law

From Blogger

Standard of Review in the Copyright Cases

Last week the Supreme Court of Canada released its reasons in a “fivefecta” of copyright cases. Interesting questions were raised. Are additional royalties payable when a video game is downloaded rather than bought over the counter? Is streaming a communication to the public which requires payment to the copyright holder? When a consumer listens to […] Read more

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Human Rights Remedies and Administrative Bodies

Unlike many (perhaps most?) other countries, Canada allows administrative bodies to make non-binding interpretations of constitutional provisions and to grant remedies for human rights violations by state actors.To put it in terms first suggested by the now-Chief Justice, the constitution is “not some holy grail which only judicial initiates of the superior courts may touch” […] Read more

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Unanswered Questions post-Dunsmuir

In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada’s re-shaping of judicial review doctrine to decisions taken by discretionary decision-makers: [19]           I am inclined to find that the Director is subject to this “normal” or […] Read more

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When Reasonable Minds Differ

Some philosophical reflections, courtesy of Justice Martineau: [92]           The legal explanation for allowing two [differing] interpretations of the law, if reasonable, to stand is simply that courts must respect the legislator’s intention that such types of administrative decisions, which are protected by a privative clause, be not reviewed unless the tribunal has […] Read more