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Category Archives: Public Law

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B.C. Supreme Court Upholds Anti-Polygamy Law

Posted in Miscellaneous, Public Law
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On November 23, 2011, Chief Justice Robert Bauman of the British Columbia Supreme Court issued his much anticipated Reasons for Judgment in Reference re Section 293 of the Criminal Code of Canada, 2011 BCSC 1588, the constitutional reference concerning the validity of Canada’s anti-polygamy law.  Chief Justice Bauman found that the law is consistent with… Continue Reading

You Can’t Fight City Hall

Posted in Commercial, Public Law
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For many people, Susan Heyes is something of a folk hero.  Ms. Heyes is the proprietor of Hazel & Co., a woman’s clothing store formerly located at the corner of 16th Avenue and Cambie Street in Vancouver.  Like many other businesses located along the Cambie Street corridor, Ms. Heyes’ business was adversely affected by the… Continue Reading

Don’t Call Me, I’ll Call You – Bell Canada Pays $1.5 Million for Unauthorized Telecommunications Practices

Posted in Public Law
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This post was submitted by Lawson Lundell guest author Laura Bevan. The Canadian Radio-television and Telecommunications Commission (CRTC) announced on December 20, 2010 that Bell Canada has paid a hefty administrative penalty of $1.3 million and will make an additional voluntary payment of $266,000 as a result of unauthorized telemarketing practices.  Bell Canada agreed to pay… Continue Reading

Supreme Court of Canada Protects Confidential Sources (sort of)

Posted in Public Law
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The use of confidential sources by journalists – a topic first sensationalized when Washington Post reporters Bob Woodward and Carl Bernstein broke the Watergate scandal – has remained a vexed issue for courts and legislatures ever since.  In R. v. National Post, 2010 SCC 16, the Supreme Court of Canada recently ruled against a constitutional… Continue Reading

Supreme Court of Canada Clarifies (some of) the Limits of the Duty to Consult

Posted in Aboriginal, Public Law
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This post was submitted by Lawson Lundell guest author Keith Bergner. On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43.  Lawson Lundell LLP (Chris Sanderson, Q.C., Keith Bergner and… Continue Reading

Polygamy Reference Moving Forward

Posted in Public Law
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One of the most highly anticipated cases in British Columbia, and likely the country as a whole, is moving towards a hearing in late November 2010.  In Reference Re: Criminal Code s. 293 the BC Supreme Court is being asked to determine the constitutional validity of the criminal prohibition against polygamy. The reference case was… Continue Reading

HST Battle Goes to Court

Posted in Public Law
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Proponents of the anti-Harmonized Sales Tax (“HST”) petition (the “Petition”) have described the exercise under the Recall and Initiative Act (the “RIA”) as ”grass roots democracy” in action.  By taking to the streets and shopping malls of the province, former premier Bill Vander Zalm and his team collected over 700,000 signatures in support of the Petition and… Continue Reading