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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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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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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Reasonable Expectation of Privacy and Police Surveillance in Ontario: R v Aubrey Takes a Step in the Right Direction

Isablle Savoie, 3L, UTFLR Editor-in-Chief

Does section 8 of the Charter extend to video surveillance of your front yard? R v Aubrey, 2022 ONSC indicates that Ontario courts are willing to push back on law enforcement and recognize a citizen’s reasonable expectation of privacy on their property – even when its visible to the general public.

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Stealthing as Sexual Assault: The Supreme Court of Canada’s Decision in R v Kirkpatrick and Implications for Campus Sexual Violence Policies Across Canada

Caitlin Salvino, 2L, UTFLR Articles Editor

In R v Kirkpatrick, the Supreme Court of Canada clarified that removing a condom without a partner's consent during sex is an act of criminal sexual assault. Articles Editor Caitlin Salvino unpacks the decision and its implications for campus sexual violence policies.

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Wage Suppression Legislation for Ontario Nurses: An Initial Look at the Constitutionality of Bill 124

Katy Beeson, 2L, Volume 80 Articles Editor

The Ontario Nurses’ Association has announced its intention to file a Charter challenge in response to Bill 124. Articles Editor Katy Beeson examines the constitutionality of Bill 124 and whether the Bill violates freedom of expression under s. 2(b) of the Charter, the right to substantive equality for women under s. 15(1), and freedom of association under s. 2(d).

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Confidentiality Imperiled: Contractual Norms and Family Law in Association de médiation familiale du Québec v. Bouvier

Anastasia Jones, 2L, Volume 80 Articles Editor

In extending civil and commercial contract norms to the family mediation, has the Supreme Court risked children’s well-being? Articles Editor Anastasia Jones critques the Bouvier decision for emphasizing the adversarial qualities of mediation and aligning it with the norms of the traditional legal world.

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 Unwritten Principles and Administrative Law: Implications of Toronto (City) v Ontario (Attorney General) for the Doré Framework

Manula Adhihetty, 3L, Volume 80 Senior Editor

The Supreme Court has developed its jurisprudence on s.2(b) of the Charter and the status of unwritten constitutional principles in Toronto (City) v Ontario (Attorney General). Senior Editor Manula Adhihetty discusses this decision's implication for administrative law.

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York v Access Copyright: Continuing the Push for Recognition of Users in Copyright Law

Yasmin Masoudi, 3L, Volume 80 Senior Editor

Should users have a more equal claim to the use of copyrighted materials realtive to copyright owners? Senior Editor Yasmin Masoudi discusses the recent Supreme Court decisions in York University v Canadian Copyright Licensing Agency (Access Copyright) and how it may represenet a departure from historical author-centric views of copyright law.

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