Where Did Our News Go? A Look at Bill C-18
Cindy Lin, 2L, Volume 82 Executive Editor of Forum Conveniens and Erin Lee, 2L, Volume 82 Forum Editor
Since Parliament’s enactment of Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, social media users have noticed a disruption to the news content they can view on certain platforms. Volume 82 Editors Cindy Lin and Erin Lee explore what this means for the Canadian news industry and its effects on social media users in Canada.
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R v Hilbach: One Step Forward, One Step Back
Emily Chu, 2L, Volume 82 Articles Editor
In early 2023, the Supreme Court of Canada simultaneously released two decisions regarding the constitutionality of mandatory minimums: R v Hills and R v Hilbach. Emily Chu argues that the Hilbach majority’s reluctance to strike down the mandatory minimum sentence in that case undermines its message put forward in Hills, which signaled support for principles of individualized sentencing reconciliation.
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R v Beaver: A “fresh start” for the Charter’s section 24(2) test?
Laura Cameron, 3L, Volume 81 Articles Editor
If an individual has been unlawfully detained and questioned, can police make a “fresh start” midway through the interrogation to insulate any evidence subsequently obtained from the earlier violations of Charter rights? In R v Beaver, a five-member majority of the SCC answered this question in the affirmative. 3L Laura Cameron explores why this adjustment represents a concerning development.
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Section 12 and Declining Public Confidence in the Justice System
Gordon Lee, 3L
The Supreme Court of Canada often makes claims about public opinion, but how accurate are these claims really? Gordon Lee argues that the Supreme Court's claims about public opinion are in fact made without evidence, with potential harm to the public perception of the integrity of the justice system.
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A Poisonous Book: Obscenity Law and the Mythos of Influence
Caeleb Goff, 2L, Volume 81 Executive Editor of Forum Conveniens
Censorship of perceived obscenity is an increasingly prevalent phenomenon in North America. In the latest Forum Conveniens blog post, UofT 2L Caeleb Goff places this trend within its historical origins, dating back to the application of obscenity laws to the works of Oscar Wilde.
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Questioning Precedent: A Critique of Constitutional Stare Decisis at the Supreme Court of Canada
Sterling Mancuso, 3L, Volume 81 Executive Editor of Forum Conveniens
Every Canadian law student knows that judges are supposed to follow precedent. But why? Executive Forum Editor Sterling Mancuso makes the case for abandoning the doctrine of precedent in constitutional adjudication at the Supreme Court of Canada
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Curbing Corruption through Securities Regulation
Anna Wong, 3L, Volume 81 Senior Editor
What role can professional regulators play in curbing corruption? Senior Editor Anna Wong makes the case that securities regulations can play a powerful and cost-effective role in fighting corrupt corporate behaviour
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Cheers! Where Nobody Knows Your Name: An Analysis of Commercial Host Liability in Canadian Tort Law
Nathan McLean, 2L, Volume 81 Articles Editor
Host liability for alcohol-infused injury is a major, contested issue in Canadian tort law. In this blog post, Articles Editor Nathan McClean questions whether the Supreme Court has erred in assigning liability to commercial establishments for injuries caused by or to their intoxicated patrons.
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R v Chow: REOPening the Privacy Debate
Jerry Zhu, 3L, Senior Editor
In R v Chow, the Ontario Court of Appeal had to determine whether an Airbnb owner could reasonably expect Charter privacy protections while the unit was being rented out. Jerry Zhu examines the decision’s uncertain implications for property owners’ constitutional privacy rights moving forward.
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Child Abduction, the Best Interests of the Child, and the Supreme Court’s Decision in F v N
Rebecca Rabinovitch, 2L, Articles Editor
2023 was a banner year for family law at the Supreme Court of Canada. In this new blog post, Articles Editor Rebecca Rabinovitch critically analyzes the judgment in F v N, and criticizes both the majority and the dissent for failing to fully consider the best interests of the child, from the full perspective of the child.
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Ahluwhalia and an Unnecessary New Tort? The Divorce Act, Family Violence, and Spousal Support
Anastasia Jones, 3L, Volume 81 Senior Editor
Ontario courts recently recognized the new tort of family violence. This tort is intended to remedy the harms of a collapsed, abusive marriage. But is this judge-made tort really necessary? Senior Editor Anastasia Jones argues that amendments to the Divorce Act would better achieve the goals of remedying violence in a family contexts.
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Case Overview: Torres Strait Islanders and Climate Change
Jane Fallis-Cooper, 3L, Senior Forum Editor
The United Nations Human Rights Committee issues a landmark decision on the rights of Torres Strait Islanders. Senior Forum Editor Jane Fallis-Cooper discusses the implication of this judgment for the international law of climate change.
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Aylmer Meat Packers Inc v Ontario: (Limited) Progress in the Framework for Assessing the Negligence of Governmental Actors
Faisal K. Bhabha, 3L, Volume 81 Senior Editor
According to the Ontario Court of Appeal in Aylmer Meat Packers Inc v Ontario, the Government owes a duty of care when it puts a party’s business interests at risk in the course of carrying out a regulatory function. This holding, according to Senior Editor Faisal K. Bhabha, is bound to sit uncomfortably with the earlier negligence precedent established in Cooper v Hobart.
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Judicial Activism and its Harms: The Supreme Court’s Flawed Interpretation of Section 7
Gordon Lee, 3L
Has Canada's Supreme Court stepped too far into a legislative role in its approach to section 7 of the Charter? Gordon Lee makes the case in the latest blog post on Forum Conveniens.
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R v Bissonnette: Uncompromising on Charter Values and Public Safety
Lauren Teixeira, 3L, Senior Editor
In R v Bissonnette, the Supreme Court of Canada held that sentencing offenders to serve consecutive parole ineligibility periods is unconstitutional. This outcome of case, borne out of the horrific Montreal Mosque shooting, dismayed both politicians and the public. Lauren Teixeira argues that these fears are misplaced.
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Cambie Surgeries and the Persistent Problem of Healthcare Wait Times
Jack Olson, 3L, Volume 81 Senior Editor
The heavily discussed British Columbia Court of Appeal judgment in Cambie Surgeries poses a formidable challenge to Canada’s famed public healthcare system. Senior Editor Jack Olson explores how precedents may temper the Supreme Court of Canada’s approach to this issue if the case is appealed.
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A Meaningful Choice: Modifying the Confessions Rule in R v Tessier
Rebecca Rosenberg, 3L, Volume 81 Senior Editor
When do we want citizens to know and apply their rights? In the aftermath of the Supreme Court’s decision in R v Tessier, Senior Editor Rebecca Rosenberg discusses the implications of the ruling for individuals who are questioned by police in the course of an investigation.
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Back to the Memo: 2022 BCCA Decision Sheds Light on a 2021 LRW Hypothetical
Daryn Tyndale, 2L, Senior Forum Editor
Daryn Tyndale revisits the thorny issue of social host responsibility and over-indulgent teens following the recent British Columbia Court of Appeal case McCormick v Plambeck. Tyndale argues that this case poses new questions with regards to foreseeability in social host liability cases.
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Forum Conveniens Presents: Summer School
Luka Knezevic, class of 2024
Luka Knezevic, class of 2024, shares his experience working over the summer as a Competition Law Research Assistant for Professor Niblett.
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Start-Up Speculation: Evaluating Recommendation 2.3 of “Examining the Canadian Competition Act in the Digital Era”
Davis Haugen, 3L, Volume 81 Senior Editor
How will the Competition Bureau’s proposed Recommendation 2.3 alter the country’s competition law landscape? Senior Editor Davis Haugen argues that the more flexible standard proposed by the Bureau will further increase existing uncertainties for mergers in the start-up space.
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