ARCTIC OBITER

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20 | <strong>ARCTIC</strong> <strong>OBITER</strong> gives rise to an error of law which justifies appellate intervention on a Crown appeal from an acquittal, the S.C.C. held: it is an error of law to make a finding of fact for which there is no evidence – however, a conclusion that the trier of fact has a reasonable doubt is not a finding of fact for the purpose of this rule the legal effect of findings of fact or of undisputed facts raises a question of law an assessment of the evidence based on a wrong legal principle is an error of law the trial judge's failure to consider all of the evidence in relation to the ultimate issue of guilt or innocence is an error of law. LEAVES TO APPEAL GRANTED COMMUNICATIONS LAW: PRIVATE LOCAL TELEVISION STATIONS The regime to which this appeal refers is sometimes called the "value for signal" regime, which would permit a private local television station to negotiate with cable television service providers ("broadcast distribution undertakings" or "BDUs") for an arrangement under which the BDUs provide consideration to the television station for the right to retransmit its signals. IN THE MATTER OF The Broadcasting Act, S.C. 1991, C. 11;AND IN THE MATTER OF The C.R.T.C. (Fed. C.A., February 28, 2011) (34231) September 29, 2011 picture that is performed in public or a t e l e v i s i o n p r o g r a m t h a t i s communicated to the public by telecommunication. The Board answered in the negative and refused to certify the tariffs. The Federal C.A., on judicial review, upheld the decision. Re:Sound v. Motion Picture Theatre Associations of Canada, et al (Fed. C.A., February 25, 2011) (34210) September 8, 2011 CRIMINAL LAW: CONSPIRACY TO COMMIT MURDER There is a publication ban in this case, and the court file contains information not available for inspection by the public, in the context of an alleged conspiracy to murder a parent. J.F. v. Her Majesty the Queen (Ont. C.A., April 6, 2011) (34284) Oct. 20, 2011 DEFAMATION: INTERNET HYPERLINKS Crookes v. Newton (B.C.C.A., September 15, 2009) (33412) 2011 SCC 47 (CanLII) | October, 19, 2011 A simple reference - like a hyperlink - to defamatory information is not the type of act that can constitute publication. Only when a hyperlinker presents content from the hyperlinked material in a way that actually repeats the defamatory content, should that content be considered to be "published" by the hyperlinker. The Canadian Legal Information Institute Making Canadian law accessible for free on the internet. www.canlii.org CONTRACTS IN QUEBEC: INTERPRETATION When the intention stated in a contract diverges from the common intention of the parties, the contract may be rectified, so long as the application to do so is legitimate and necessary, and the correction sought does not affect the rights of third persons. Agence du Revenu du Québec (formerly the Deputy Minister of Revenue of Quebec) v. Services Environnementaux AES Inc., Centre Technologique AES Inc. (Que. C.A., March 4, 2011) (34235) Oct. 13, 2011 COPYRIGHT: WHAT IS A "SOUND RECORDING" Is anyone entitled to equitable remuneration pursuant to section 19 of the federal Copyright Act, when a published sound recording is part of the soundtrack that accompanies a motion CRIMINAL LAW: DISPOSAL OF DEAD BODY OF A CHILD Is s.243 the Criminal Code, an offence to dispose of the dead body of a child with intent to conceal the fact that its mother has been delivered of it, constitutionally vague. Ivana Levkovic v. Her Majesty the Queen (Ont. C.A., December 7, 2010) (34229) Oct. 20, 2011 CRIMINAL LAW: DURESS There is a publication ban and sealing order in the context of duress re counselling to commit murder. Her Majesty the Queen v. N.P.R. (NS C.A., March 29, 2011) (34272) Oct. 20, 2011 CRIMINAL LAW: SEARCH & SEIZURE There is a publication ban in this case in
SEPTEMBER/OCTOBER 2011 | 21 the context of a teacher accessing student email. Her Majesty the Queen v. R.C. (Ont. C.A., March 22, 2011) (34268) Oct. 20, 2011 CRIMINAL LAW: SEXUAL ASSAULT There is a publication ban in the case and on the names of the parties where the issues involve whether consent is vitiated where a person with HIV does not disclose health status before having unprotected sex if that person's viral load, which can vary over time, is undetectable; and, at what point does the risk become "significant" enough and harm becomes "serious" enough for conduct to be considered criminal. Her Majesty the Queen v. D.C. (Que. C.A., December 13, 2010) (34094) August 25, 2011 CRIMINAL LAW: TEXT MESSAGING DISCLOSURE In what circumstances, and by what authority, do text messages have to be disclosed to police. Telus Communications Company v. Her Majesty the Queen (Ont. S.C.J., March 4, 2011) (34252) Oct. 20, 2011 CRIMINAL LAW: UNLAWFULLY ABANDONING A CHILD There is a publication ban in this case in the context of a baby born, then left, in a shopping centre washroom. Her Majesty the Queen v. A.D.H. (Sask. C.A., January 12, 2011) (34132) Oct. 20, 2011 ELECTIONS: EXPENSES In what circumstances can the Chief Electoral Officer refuse to certify claimed expenses for reimbursement. L.G. (Gerry) Callaghan, in his capacity as official agent for Robert Campbell, David Pallett, in his capacity as official agent for Dan Mailer v. Chief Electoral Officer of Canada (Fed. C.A., February 28, 2011) (34232) Oct. 20, 2011 DEFAMATION: FAKE INTERNET PROFILES There is a publication in this case as to disclosure of IP addresses to perpetrate alleged defamation. A.B. by her Litigation Guardian, C.D. v. Bragg Communications Incorporated, a body corporate, The Halifax Herald Limited, a body corporate and Global Television (NS C.A., June 25, 2010) (34240) Oct. 13, 2011 TORTS: MVA'S; JURY DIRECTION Were certain references by the trial judge relating to the pedestrian and vehicle rights of way in s. 125 of the N.S. Motor Vehicle Act a misdirection constituting a reversible error of law. Annapolis County District School Board, Douglas Ernest Feener v. Johnathan Lee Marshall, represented by his Guardian, Vaughan Caldwell (NS C.A., February 4, 2011) (34189) Oct. 13, 2011 Eugene Meehan, Q.C., is a Litigation Partner at McMillan, 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). He also does Public Law generally. For previous summaries, and to keep up-to-date with all SCC appeals and leave to appeals, contact Eugene at eugene.meehan@mcmillan.ca.
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