Digital Commons Network^™

The Constitutional Dimensions Of Aboriginal Title, Brian Slattery

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

As the Supreme Court reaffirms in Tsilhqot’in Nation v. British Columbia (2014), Aboriginal title is a sui generis right which cannot be described in traditional property terms. This article argues that the explanation for this fact is that Aboriginal title is not a concept of private law. It is a concept of public law. It does not deal with the rights of private entities but with the rights and powers of constitutional entities that form part of the Canadian federation. If we look for analogies to Aboriginal title, we find a close parallel in Provincial title – the rights held …

Towards A Public Law Of Privacy: Meeting The Big Data Challenge, Lisa M. Austin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Privacy law, to the extent that it regulates state information practices, wears two “public” hats. The first hat is constitutional law. For example, the Canadian Charter protects privacy through protecting individuals against unreasonable searches and seizures. The second hat is public sector data protection law modelled on what are known as Fair Information Practices (FIPs). For example, in Canada the federal Privacy Act regulates the collection, use and disclosure of personal information held by government institutions and provides individuals with a right of access to that information. The constitutional hat is concerned with state-individual relations in the context of law …

Kara Cattani, As Trustee Of The Oates Family Trust, Plaintiff/Appellant, V. Lyle Drake; Durham, Jones, & Pinegar, P.C., A Utah Professional Corporation; Daniel Maynard; And Maynard Cronin Erickson Curran & Sparks, P.L.C. Defendants/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE DANIEL MAYNARD AND
MAYNARD CRONIN ERICKSON CURRAN & SPARKS, P.L.C.

Appeal from the Fifth Judicial District Court for Washington County, State of Utah
Judge Pamela G. Heffernan, Presiding

Aboriginal Title And The Provinces After Tsilhqot’In Nation, Kent Mcneil

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Tsilhqot’in Nation v. British Columbia, the Supreme Court addressed two main issues: (1) the standard for proving the exclusive occupation upon which Aboriginal title depends; and (2) the application of provincial laws to Aboriginal title lands, both before and after title has been established. In her discussion of the second issue, Chief Justice McLachlin attempted to clarify the law by resolving contradictions arising from prior decisions of the Court, in part by rejecting the application of the doctrine of interjurisdictional immunity in this context. This article analyzes and critiques this aspect of her decision, and suggests alternatives that, it …

Salt Lake City, Plaintiff And Appellee, V. Rafael Reyes-Gutierrez, Defendant And Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a judgment of conviction for one count of Retail Theft, a class A
misdemeanor, in violation of Utah Code §76-6-602 in the Third Judicial District, in and
for Salt Lake County, state of Utah, the Honorable Vernice Trease, presiding.

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

Law, Politics And Legacy Building At The Mclachlin Court In 2014, Jamie Cameron

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article was written for Osgoode Hall Law School’s annual Consti- tutional Cases conference, and provides the keynote overview of the McLachlin Court’s 2014 constitutional jurisprudence. The Court’s 2014 constitutional decisions (Appointment and Senate References; Tsilhqot’in Nation; Trial Lawyers) and restrictions on Mr. Big operations (Hart), in combination with a tsunami of Charter decisions early in 2015 (the 2015 Labour Trilogy; Carter v. Canada; R. v. Nur; and others), made this a legacy-building year. More than an overview, this Article probes the nature of the McLachlin Court’s legacy this year and the relationship between legal and political dynamics, to ask: …

Of Banks, Federalism And Clear Statement Rules: Bank Of Montreal V. Marcotte, Wade K. Wright

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid …

The Recognition Of Prosecutorial Obligations In An Era Of Mandatory Minimum Sentences Of Imprisonment And Over-Representation Of Aboriginal People In Prisons, Marie Manikis

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Canada, recent decisions have reaffirmed the almost unfettered discretionary power of prosecutors, and in Anderson the Supreme Court has also decided that prosecutors, unlike judges, do not have a constitutional obligation to consider the principle of proportionality, including Aboriginal status, when making decisions that trigger mandatory minimums and reduce the sentencing options available for judges. The Court found that the role of prosecutors is substantially different than the role of judges, highlighting that the prosecutorial function does not include sentencing, and that prosecutorial discretion should generally be protected from judicial oversight. One may wonder whether this is a realistic …

Hospital Knows Best: Court And Unfit Accused At The Mercy Of Hospital Administrators: The Case Of R. V. Conception, Suzan E. Fraser

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This article analyzes the Supreme Court’s 2014 decision in R. v. Conception which considered the treatment order provisions of the Criminal Code, finding that a court may not make a forthwith treatment order without the consent of the hospital except in rare cases where a delay would breach the accused’s rights under the Canadian Charter of Rights and Freedoms (Charter). This article argues that the case represents a departure from three decades of legal developments in the sphere of civil and forensic mental health law unified by the principles of restraint and oversight. Further, the article suggests that the decision …

Loyola High School V. Attorney General Of Quebec: On Non-Triviality And The Charter Value Of Religious Freedom, Howard Kislowicz

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Loyola High School, et al. v. Attorney General of Quebec, the Supreme Court of Canada held that the government of Quebec could not require a Catholic high school to teach Catholic religion and ethics from a non-Catholic perspective. The government could, however, require the school to teach other religions from a “neutral” perspective. This article takes Loyola as an opportunity to examine two ways that courts have justified limits on religious freedom. First, I interrogate an under-examined aspect of the law of religious freedom: the requirement that claimants prove the interference with their religious freedom is “more than trivial …

Many Questions And A Few Answers: Freedom Of Association After Saskatchewan Federation Of Labour, Mounted Police Association Of Ontario And Meredith, Michael S. Dunn

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In 2015, the Supreme Court of Canada returned once more to section 2(d) of the Charter (freedom of association). In recognizing a right to strike in Saskatchewan v. Saskatchewan Federation of Labour and striking down the labour relations regime applicable to RCMP officers in Mounted Police Association of Ontario v. Canada, the Court appeared to broaden the scope of the protected right. At the same time, however, the Court in Meredith v. Canada upheld wage restraint legislation as not infringing section 2(d). This article explores these cases and their antecedents, and argues that the Court’s section 2(d) jurisprudence lacks coherence, …

Safeguarding The Longue Durée: Environmental Rights In The Canadian Constitution, Lynda M. Collins

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In the modern era, environmental degradation is one of the most significant threats to human well-being and therefore to human rights. Biologically, the right to a viable environment supersedes all other human rights, including the right to life itself. It is not surprising, then, that the vast majority of nations with modern bills of rights have incorporated some form of environmental right or obligation into their constitutions. Respect for the environment is a fundamental value in Canada yet our constitution is silent on environmental rights and obligations. This article will argue that a limited right to environmental protection can nonetheless …

State Of Utah, Plaintiff And Appellee, V. Johnny Brickman Wall, Defendant And Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable James T. Blanch, District Court No. 131903972

Johnny Wall is incarcerated.

Oral Argument Requested

Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANT

Appeal from the First District Court, Cache County, Judge Thomas L. Willmore

Camco Construction, Inc., A Corporation, Plaintiff, V. Utah Baseball Academy, Inc., A Corporation; Et Al., Defendants. And Other Related Causes Of Action : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS' UTAH BASEBALL ACADEMY, INC., ATHLETIC
PERFORMANCE INSTITUTE, L.L.C., AND ROBERT KEYES'
OPENING BRIEF ON APPEAL

Appeal from the Final Judgment of the Third District Court, Salt Lake Court, Salt Lake County, Salt Lake
Division, The Honorable Judge Laura Scott, succeeding
The Honorable Judge Anthony Quinn, deceased

Camco Construction, Inc., A Corporation, Plaintiff, V. Utah Baseball Academy, Inc., A Corporation; Et Al., Defendants. And Other Related Causes Of Action : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS' UTAH BASEBALL ACADEMY, INC., ATHLETIC
PERFORMANCE INSTITUTE, L.L.C., AND ROBERT KEYES'
REPLY BRIEF ON APPEAL

Appeal from the Final Judgment of the Third District Court, Salt Lake Court, Salt Lake County, Salt Lake
Division, The Honorable Judge Laura Scott, succeeding
The Honorable Judge Anthony Quinn, deceased

Patricia Beckman Plaintiff-Appellant, Vs. Cybertary Franchising, Llc, Franchise Foundry, Llc, And Christian Faulconer, Defendants-Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT PATRICIA BECKMAN

On Appeal from the Fourth Judicial District Court of Utah County
Honorable Darold McDade, District Court Judge

Patricia Beckman Plaintiff-Appellant, Vs. Cybertary Franchising, Llc, Franchise Foundry, Llc, And Christian Faulconer, Defendants-Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY BRIEF

REPLY BRIEF OF APPELLANT PATRICIA BECKMAN

On Appeal from the Fourth Judicial District Court of Utah County
Honorable Darold McDade, District Court Judge

The State Of Utah, Plaintiff/Appellee, Vs. Ty William Mcleod, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appellant is not incarcerated.

Appeal from a judgment of conviction for possession of a controlled substance, a
class A misdemeanor, in violation of Utah Code 58-37-8(2)(a)(i), in the Third Judicial
District Court, in and for Salt Lake County, State of Utah, the Honorable James Blanch
presiding.

State Of Utah, Plaintiff/Appellee, V. Ty William Mcleod, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Sery plea to possession of a controlled
substance, a class A misdemeanor, in the Third Judicial
District, Salt Lake County, the Honorable James Blanch
presiding

The State Of Utah, Plaintiff/Appellant, Vs. David Isaac Ricketts, Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A FINAL ORDER OF THE EIGHTH DISTRICT COURT
THE HONORABLE SAMUEL P. CHIARA PRESIDING

Camco Construction, Inc., A Utah Corporation, Athletic Performance Institute, L.L.C., Utah Baseball Academy, Inc., And Robert Keyes, Counterclaim Plaintiffs-Appellants, Vs. Utah Baseball Academy, Inc., A Corporation, Et Al., Keybank National Association; Sharron Troszak; Dale Conder; And John Does 1-10, Counterclaim Defendants-Appellees. And Other Related Causes Of Action : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES KEYBANK, TROSZAK, AND CONDER

APPEAL FROM A JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT
FOR SALT LAKE COUNTY, HONORABLE ANTHONY B. QUINN,
DISTRICT JUDGE

The State Of Utah, Plaintiff/Appellee, Vs. Ty William Mcleod, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for possession of a controlled
substance, a class A misdemeanor, in violation of Utah Code 58-37-8(2)(a)(i), in
the Third Judicial District Court, in and for Salt Lake County, State of Utah, the
Honorable James Blanch presiding.

Appellant is not incarcerated.

Matthew S. Willes, Petitioner And Appellant, V. Tammy Dahl, Fka Willes, Respondent And Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from Judgment Entered by the Third Judicial District Court,
Honorable James Blanch

Robben Ann Oldroyd, Petitioner/Appellant, V. Farrell Lynn Oldroyd, Respondent/Appellee. : Reply Brief Of Appellant And Brief Of Cross Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Reply Brief of Appellant and Brief of Cross-Appellee

Appeal from Judgment Entered by the Second Judicial District Court,
Honorable Noel S. Hyde

Robben A. Oldroyd, Petitioner/Appellant, Vs. Farrell L. Oldroyd, Respondent/Appellee. : Brief Of Appelle And Cross-Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE AND
CROSS APPELLANT

On Appeal from:
The Honorable Noel S. Hyde
Second Judicial District Court
Trial Court Case No. 13400028

Paul Timothy And Janice Timothy, Plaintiff/Appellant Vs. Pia Anderson Dorius Reynard & Moss, Llc, A Utah Limited Liability Company; And Brennan Moss, An Individual, Defendant/Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANTS' REPLY BRIEF
Trial Court Judge: Shaughnessy
Appellate Case No.20150051
Civil No. 120905780

Paul Timothy And Janice Timothy, Plaintiff/Appellant Vs. Pia Anderson Dorius Reynard & Moss, Llc, A Utah Limited Liability Company; And Brennan Moss, An Individual, Defendant/Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S BRIEF
Trial Court Judge: Shaughnessy
Appellate Case No.20150051
Civil No. 120905780

Jacqueline E. Christensen, Petitioner And Appellee, V. John D. Christensen, Respondent And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from Order entered September 1, 2015, in the First Judicial District, Cache
County, Judge Kevin K. Allen, Case Number 064100474 DA