Legal News
Stay up to date with what is going on in the law through updates and articles.
The Rules of the Supreme Court Have Changed
June 2024
In early June 2024, the Supreme Court made amendments to its official rules. The Court announced that these changes were implemented to improve access to justice and lessen the barriers Canadians face when accessing legal services.
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The changes include those to the electronic filing system. In just 2023, the electronic filing portal was launched. Now, the Supreme Court has designated the electronic filing portal as the primary method for filing documents. This transformation is intended to alleviate some difficulties associated with filing court documents.
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In addition to the filing system, the Supreme Court announced the repeal of the $75 filing fee. The removal of this fee can be seen as a step towards removing financial barriers to justice.
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Furthermore, clarifications have been added for the following: Condensed Books, Motions, Appearances, Tariff of Fees and Disbursements, Forms, Service of Documents, and Guidelines for preparing Documents to be Filed with the Supreme Court.
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To learn more visit: Supreme Court of Canada - Guide to the 2024 Amendments to the Rules of the Supreme Court of Canada (scc-csc.ca)
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Source: Supreme Court of Canada, Guide to the 2024 Amendments to the Rules of the Supreme Court of Canada, June 3, 2024.
Supreme Court of Canada: 2023 Review
June 2024
The Supreme Court of Canada released a review of the court's work and updates of 2023. They provide an overview of the Supreme Court as well as highlight notable decisions from the year.
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First, the Supreme Court of Canada highlights a landmark decision from 2023. The court was tasked with considering whether the Impact Assessment Act and its regulations were ultra vires the Parliament's authority under the Constitution. The Supreme Court ruled that the federal impact assessment scheme is "largely unconstitutional". Notably, Chief Justice Wagner states, “[e]nvironmental protection remains one of today’s most pressing challenges. To meet this challenge, Parliament has the power to enact a scheme of environmental assessment. Parliament also has the duty, however, to act within the enduring division of powers framework laid out in the Constitution”. (2023 Year in Review: Decisions, Supreme Court of Canada, 2024)
Below is the list of the SCC notable decisions of 2023 recognized by the Supreme Court of Canada:
R. v. McGregor
The Supreme Courts ruled that Canadian military investors were not in violation of the Charter of Rights and Freedoms during an investigation of a Canadian soldier's criminal activity abroad (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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R. v. McColman
The conviction of an Ontario man was restored after determining evidence obtained from an unlawful search was admissible (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Murray-Hall c. Quebec (Attorney General)
Quebec's ban on the possession and cultivation of cannabis plants for personal purposes is constitutional (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Anderson v. Anderson
Clarified the situations in which courts must consider certain domestic agreements when dividing family property under the legislation of Saskatchewan (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Hansman v. Neufeld
A B.C. court's dismissal of a defamation suit is restored. It is concluded that the public interest in the protection of free debate in matters of the public interest outweighs the reputational harm caused to the plaintiff (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Deans Knight Income Corp. v. Canada
Decision by the Minister of National Revenue to deny tax deduction to a British Columbia based company was upheld. The company engaged in abusive tax avoidance (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Canadian Council for Refugees v. Canada (Citizenship and Immigration)
It is held that the regulations designating the United States as a "safe third country" do not infringe upon refugee claimants' rights to life liberty and security of the person (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Mason v. Canada (Citizenship and Immigration)
Immigration decisions that found two foreign nationals inadmissible to Canada are quashed (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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La Presse inc. v. Quebec
Confirmation of publication bans on matters heard before juries empaneled in two criminal cases (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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R. v. Bertrand Marchand
Mandatory minimum sentences for child luring confirmed as unconstitutional (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Sharp v. Autorite des marches financiers
Four appeals from British Columbia residents accused of stock price manipulation dismissed. Found that the administrative tribunal in Quebec had the jurisdiction over residents from out of province residents responsible for the fraudulent manipulation of stock prices of a company with connections to Quebec (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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Commission scolaire francophone des Territoires du Nord-Ouest, A.B., et al. v. Minister of Education, Culture and Employment of the Northwest Territories, et al.
Ministerial decisions refusing to admit children of non-rights holder parents to French schools in the Northwest Territories is set aside (2023 Year in Review: Decisions, Supreme Court of Canada, 2024).
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To learn more visit: SCC_YIR_2023_EN_F_LR.pdf (scc-csc.ca)
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Source: Supreme Court of Canada, 2023 Year in Review, 2024.