Forum Conveniens is the official blog of the University of Toronto Faculty of Law Review. The blog is a forum for members of the UofT Law community to share their thoughts on topical developments in the law. Our publications including case commentaries, opinion pieces, and reports on activities within UofT Law.
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Ainslie Pierrynowski, 2L, Volume 79 Articles Editor
Articles Editor Ainslie Pierrynowski takes on Uashaunnuat, a Supreme Court of Canada case that dealt with an Aboriginal title claim extending across the Quebec-Newfoundland and Labrador borders. Pierrynowski argues that the case has meaningful implications for Aboriginal rights claims across provincial and, potentially, national borders.
Read MoreShimon Sherrington, 3L, Volume 78 Editor-in-Chief
Ahead of the Supreme Court of Canada’s review of Southwind v Canada, Editor-in-Chief Shimon Sherrington argues that the case presents an opportunity to clarify the application of ‘equitable compensation’ in First Nations-Crown relationship, and thereby redefine the nature of the Crown’s fiduciary duty to First Nations.
Read MoreRyan Howes, 3L, Volume 78 Senior Editor
Senior Editor Ryan Howes draws attention to “considerable uncertainty” about the role of the courts regarding the use of the Emergencies Act, a relevant discussion in the context of the COVID-19 pandemic.
Read MoreEmma Ryman, 3L, Volume 78 Senior Editor
Under the Jordon Framework, the "reasonable time" in which a person has a right to be tried under s. 11(b) of the Charter is 18 months. In KJM, the Supreme Court declined to reduce that that presumptive trial delay ceiling for young offenders to 15 months for young offenders, although the Court did unanimously agree that young offenders have an enhanced need for timeliness in their criminal proceedings. Senior Editor Emma Ryman considers the implications.
Read MoreNeil Bhatt, 3L, Volume 78 Senior Editor
In AA v Persons Unknown & Others, Re Bitcoin the English High Court granted a proprietary injunction over bitcoins linked to an account on a cryptocurrency exchange. Senior Editor Neil Bhatt conisders how the decision signals an increasing likelihood that Canadian courts will similarly recognize cryptocurrency as property at common law.
Read MoreGregory Ringkamp, 3L, Volume 78 Senior Editor
The Budget Implementation Act, 2019 (Bill C-97) introduces measures that will bring greater transparency and clarity to Canada’s corporate law regime. Senior Editor Gregory Ringkamp explains how this is the most significant update to the statutory fiduciary duty since the Supreme Court’s 2008 decision in BCE Inc v 1976 Debentureholders.
Read MoreEmily Tsui, 3L, Volume 78 Senior Editor
Climatic changes in the Arctic region have implications for the conservation of its cultural and natural heritage. Senior Editor Emily Tsui explains how an Arctic Heritage Regime, formed with an extension of UNESCO's World Heritage regime, is one way to help to ensure the region's unique heritage is protected for the enjoyment of future generations.
Read MoreKees Westland, 3L, Volume 78 Senior Editor
A class action brought by former labourers against a Canadian mining company left the Supreme Court of Canada divided on multiple issues, including whether novel tort claims based on international law norms disclosed a reasonable chance of success. Senior Editor Kees Westland examines the Nevsun Resources Ltd. v Araya decision and the uncertainty left in its wake.
Read MoreNicole Morin, 3L, Volume 78 Senior Editor
Senior Editor Nicole Morin breaks down the Superme Court of Canada's landmark overhaul of Canadian administrative law.
Read MoreEmily Tsui, 3L, Volume 78 Senior Editor
Canada’s new Northern Policy commits to supporting international law relating to the Artic. But what are the international laws relating to the north? Senior Editor Emily Tsui examines the treaties and conventions that govern icy lands of the Artic region.
Unlike Antarctica, there is no single treaty that states can exclusively look to for governance of the Arctic region. Instead, there is a patchwork of legally and non-legally binding rules that govern Arctic states…
Read MoreRyan Dorsman, 3L, Volume 78 Senior Editor
How will Bill C-75 change the Canadian bail regime? Senior Editor Ryan Dorsman presents a guide to our current bail system, and what changes will soon be made through the new legislation.
Read MoreSpence Colburn, 3L, Volume 78 Editor-in-Chief
The Ontario Court of Appeal narrowly upholds the reduction in Toronto city wards, but how might the Charter extend protections to municipalities more generally? Editor-in-Chief Spence Colburn considers whether cities are indeed a distressing “constitutional hole” in Canada’s democracy.
Read MoreJake Eidinger, 3L, Volume 78 Executive Editor
The UK Supreme Court unanimously nullifies Prime Minister Boris Johnson’s prorogation of Parliament. Are there implications for Canada? Executive Editor Jake Eidinger considers.
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