Law Society of Saskatchewan Archives for Saskatchewan Law Review Articles
Legal News (Legal Sourcery)
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June 1, 2020
Private Companies in Saskatchewan Prisons: The Impact of the Increasing Cost Barrier for Accessing Inmate Telecommunications
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...
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May 29, 2020
Are some political ideas simply too dangerous to express? An analysis of the constitutionality of the Canada Election Act’s restrictions on political speech
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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April 30, 2020
Institutional Religious Freedom Rights? Uncertainty Remains Following Law Society of British Columbia v. Trinity Western University
Everhett Zoerb* SUMMARY Do corporations go to heaven? Although the question may seem ridiculous, and its answer obvious, the Supreme Court of Canada has yet to rule that corporations, institutions, and other entities do not have religious freedom rights under the Charter. This comment examines the issue in light of the recent case of Law Society of British Columbia v....
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April 28, 2020
Unconscionability of Mandatory Arbitration in Contracts of Adhesion: Heller v. Uber Technologies Inc.
Photo by eggbank on Unsplash Katherine Starks* I. INTRODUCTION With its decision in Heller v. Uber Technologies Inc.,[1] the Court of Appeal for Ontario has reopened the path to judicial consideration of the status of Uber drivers in that province. The plaintiff, David Heller, works forty to fifty hours per week driving for the food delivery service UberEATS, earning about $400-$600 weekly.[2] His...
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April 7, 2020
Culture of the Court or Community: A Modification of the Jordan Framework
Jianna Rieder* Summary The Supreme Court of Canada introduced a new framework to determine the reasonableness of trial delays in R. v. Jordan. While the intent behind the change was to improve the accessibility of justice by preventing unnecessarily drawn-out trials, the decision was criticized by Justice Bychok in R. v. Anugaa as limiting the ability of courts to modify...
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March 9, 2020
Does the Jordan Framework Apply to Young Offenders? Three Separate Approaches to the Law of Delay
Owen Pennock* SUMMARY In R. v. K.J.M., three justices of the Alberta Court of Appeal came to three very different conclusions on the application of the R. v. Jordan framework for delay in cases involving young offenders. Because of the disparate nature of these judgments, it remains unclear whether the presumptive ceilings established in Jordan have any application in proceedings...
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