Articles

Unreasonable Delays in Criminal and Penal Matters: the Supreme Court Toughens the Rules!

On July 8, 2016, the Supreme Court of Canada rendered its decision in R. v. Jordan, [2016] SCC 27 (hereinafter, “Jordan”), which discussed issues regarding the right to be tried within a reasonable time in criminal and penal matters. This decision is truly a game changer: before the provincial courts a delay of 18 months or more will now be presumed excessive and could lead to the charges being dismissed.

Continue reading

The State of Litigation Privilege After Blank

This article originally appeared in the July 2016 issue of Canadian Lawyer InHouse magazine.

Ten years ago, the Supreme Court of Canada rendered its decision in Blank v. Canada, thereby putting an end to considerable debate among Canadian jurists regarding the scope of the litigation privilege. In that decision, the Court underlined the distinct nature of this common law privilege, which had often been wrongly confused with solicitor-client privilege.

Continue reading

Demystifying Video-Camera Surveillance

This article first appeared in French in the June 2016 edition of VigieRT, a publication of the Quebec Association of Certified Human Resources Professionals.
The purpose of this article is to expose how video-camera surveillance can be an effective tool for employers who want to visually monitor their employees. Under which circumstances can it be used? What are the limits on its use?

Continue reading