ARCTIC OBITER

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from which membership in the conspiracy can be inferred. ~ CRIMINAL LAW: INFORMER PRIVILEGE R. v. Named Person B (Que. S.C., Sept. 17, 2010)(34053) 2013 SCC 9 (February 22, 2013) Confidentiality an informer was promised by a first police force continued when they transferred him to another force. ~ CRIMINAL LAW: IMMIGRATION CONSEQUENCES TO SENTENCING R. v. Pham (Alta. C.A., June 28, 2012)(34897) 2013 SCC 15 (March 14, 2013) When two possible sentences are both appropriate as regards the gravity of an offence and the responsibility of the offenders, the most suitable one may be the one that better contributes to the offender’s rehabilitation. Collateral c o n s e q u e n c e s r e l a t e d t o immigration may be relevant in tailoring the sentence, but their significance depends on and has to be determined in accordance with the facts of the particular case. ~ CRIMINAL LAW: POLICE INTERCEPTION OF TEXT MESSAGES R. v. TELUS (Ont. S.C., Mar. 4, 2011)(34252) 2103 SCC 16 (March 27, 2013) Police require a search warrant to access text messages. ~ CRIMINAL LAW: TRIAL JUDGE OPINIONS R. v. Mailhot (Que. C.A., May 23, 2012)(34881) 2013 SCC 17 (March 28, 2013) A new trial in this case is required because of the effect of the trial judge’s charge on the fairness of the trial. ~ HUMAN RIGHTS: HATEFUL SPEECH Saskatchewan (Human Rights Commission) v. Whatcott (Sask. C.A., Feb. 25, 2010)(33676) 2013 SCC 11(February 27, 2013) The Saskatchewan Human Rights Code, which prohibits the publication or display of any The Canadian Legal Information Institute Making Canadian law accessible for free on the internet. www.canlii.org representation “that exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons on the basis of a p r o h i b i t e d g r o u n d ” , i s constitutional. ~ MUNICIPAL LAW: EXPROPRIATION Antrim Truck Centre Ltd. v. Ontario (Transportation) (Ont. C.A., June 2, 2011)(34413) 2013 SCC 13 (March 7, 2013) The reasonableness of interference must be determined by balancing the competing interests, as in all other cases of private nuisance, and that balance is appropriately struck by whether, in all of the circumstances, the individual claimant shouldered a greater share of the burden of construction than would be reasonable to expect individuals to bear without compensation. ~ TORTS: MEDMAL Ediger v. Johnston (B.C.C.A., May 30, 2011)(34408) 2013 SCC 18 (April 4, 2013) The trial judge was correct to find an obstetrician was negligent in the circumstances here by failing to ensure back-up surgical C-section (CONTINUED ON PAGE 33) 32 ■ MARCH/APRIL 2013 ARCTIC OBITER
NWT LEGISLATIVE UPDATE Kelly McLaughlin Director, Legislation Division GNWT Dept. of Justice Yellowknife TERRITORIAL PARKS ACT An Act to Amend the Territorial Parks Act, S.N.W.T. 2013, c.8, came into force on Assent on March 14, 2013. The Act amends the Territorial Parks Act to provide that registered owners of motor vehicles are liable for parking contraventions involving their vehicles within Territorial Parks. Additionally, the amending Act provides the S u p e r i n t e n d e n t w i t h authority to issue orders respecting fires in Territorial Parks and establishes the a u t h o r i t y t o m a k e regulations respecting fires. ■ NB: The NWT Legislative News is not a comprehensive report of legislative enactments. Only items considered to be of interest to the Bar are listed. Find Certified Bills, Consolidations of Acts, Regulations and Court Rules, and the Northwest Territories Gazette at the GNWT website: www.justice.gov.nt.ca/Legislation/ SearchLeg&Reg.shtml (CONTINUED FROM PAGE 32) staff would be immediately available. LEAVES TO APPEAL GRANTED CONTRACTS: ARBITRATION AWARD Sattva Capital Corporation v. Creston Moly Corporation (B.C.C.A., Aug. 7, 2012)(35026) 2012 BCCA 329 (March 7, 2013) What is the appropriate arbitrated finder’s fee for a mining deposit acquisition. ~ CRIMINAL LAW: “MR. BIG” R. v. N.L.H. (N.L.C.A., Sept. 17, 2012)(35049) 2012 NLCA 61 (February 28, 2013) There is a publication ban in this case, in the context of admissibility of evidence flowing from an RCMP “Mr. Big” sting. ~ INTERNATIONAL LAW: STATE IMMUNITY Estate of Kazemi et al. v. Iran et al. (C.A. of Que., Aug. 15, 2012)(35034) 2011 QCCS 196 (March 7, 2013) Is there state immunity where a Canadian citizen is arrested, detained, tortured and killed by State authorities in Iran. ~ PROFESSIONS: MANDATORY RETIREMENT McCormick v. Faskens (B.C.C.A., July 19, 2012)(34997) 2012 BCCA 313 (March 7, 2013) Is there mandatory retirement for private practice lawyers in B.C. ~ WORKERS COMP: CHRONIC STRESS Martin v. W.C.B. et al. (Alta. C.A., Aug. 29, 2012)(35052) 2012 ABCA 248 (March 7, 2013) Is chronic stress eligible for Workers Comp. ■ Eugene Meehan, QC, is a Litigation Partner at Supreme Advocacy LLP, Ottawa. His primary area of work is with the Supreme Court of Canada, mainly assisting other lawyers in taking cases (both Leave to Appeal and Appeal), and complex legal opinions. For previous summaries, and to keep up-to-date with all SCC appeals and leave to appeals, contact Eugene at emeehan@supremeadvocacy.ca. ARCTIC OBITER MARCH/APRIL 2013 ■ 33
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