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By Kali Stahl* On January 9, 2020, the Court of Appeal for Saskatchewan released its decision in Feng v. Saskatchewan (Economy). This comment discusses the Court’s decision to deny a remedy despite finding a breach of procedural fairness and, more importantly, addresses the Ministry of the Economy’s concerning arguments. I. THE CASE In its recent decision in Feng v....
Read More +By Fraser Duncan* This comment explores recent Charter challenges to s. 33.1 of the Criminal Code, which precludes the defence of self-induced intoxication for general intent, bodily integrity offences. The disparate outcomes in cases from Alberta, Saskatchewan, and Ontario highlight the need for further appellate intervention to clarify the state of the law. I. INTRODUCTION In recent decades, the defence...
Read More +Jenine Urquhart* On December 11, 2017, finance ministers from across Canada signed the Agreement to Strengthen Beneficial Ownership Transparency (the “Agreement”).[1] The Agreement acknowledged “the misuse of corporations and other legal entities for tax evasion and other criminal purposes, such as money laundering, corruption and the financing of terrorist activities.”[2] The ministers agreed “in principle” to amend their respective corporate...
Read More +Danielle R. Nichols* SUMMARY This comment discusses the implications of a remark made by the Court of Queen’s Bench for Saskatchewan in Pomarenski v. Saskatchewan Veterinary Medical Association Professional Conduct Committee, in which a disciplinary decision of the Saskatchewan Veterinary Medical Association was substantively reviewed. This comment also discusses how the Supreme Court of Canada’s recent decision in...
Read More +Evan Best* SUMMARY This case comment discusses the Supreme Court of Canada’s recent decision in R. v. Rafilovich, a case involving an individual who was arrested with approximately $47,000 worth of cocaine and $42,000 in cash. The cash was seized as being proceeds of crime, but subsequently released back to Rafilovich in order for him to hire counsel. At...
Read More +Kylee Wilyman* Summary: An Act respecting First Nations, Inuit and Metis children, youth and families has been held out by the federal government as ground-breaking legislation, co-developed with Indigenous groups. But “reconciliation is not what you say; it is what you do.” On January 1, 2020, An Act respecting First Nations, Inuit and Métis children, youth and families[1] came into...
Read More +Miranda Wardman* SUMMARY This case commentary discusses the new process for admitting private records in sexual assault proceedings under the Criminal Code as examined in R. v. A.M., a recent decision out of the Provincial Court of Saskatchewan, which declared parts of the new Code provisionsinvalid. These new provisions force the courts to balance the protection of a complainant’s private...
Read More +Owen Pennock* Summary In the case of Roberts Properties Inc. v. O.S., the Office of Residential Tenancies interpreted Saskatchewan’s Human Rights legislation and found that a woman’s support animal did not meet the requirements to be considered a “service animal,” and thus receive protection under the Act. As such, she was in breach of her tenancy agreement. The reasoning in...
Read More +Kennedy Morrow* This comment explores the impact of outsourcing inmate telecommunication services in Saskatchewan to a private company, GTL, which provides calling technology in correctional facilities. This technology has resulted in excessive pricing schemes for inmate calling and detrimental effects on inmate health and well-being. In 2006, an experimental privatized prison in Ontario, Central North Correctional Centre (“Central North”), closed...
Read More +Larissa Meredith-Flister* Freedom of expression is an essential feature of a democratic society.[1] As per s. 2(b) of the Canadian Charter of Rights and Freedoms,[2]everyone has “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.”[3] Such fundamental freedoms are, however, subject to “reasonable limits.”[4] Freedom of expression in Canada is limited by...
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