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Aboriginal Title And Private Property, John Borrows

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

This article explores the relationship between Aboriginal title and private property. In the case of Tsilhqot’in v. British Columbia the Supreme Court of Canada declared that Aboriginal title erased the Crown’s assumed beneficial interest in such lands. The Court was not asked to consider whether private ownership interests were similarly ousted by a declaration of Aboriginal title. This article explores Tsilhqot’in’s unexamined issue and concludes that Aboriginal title could, at times, affect private interests in land and be reconciled with Aboriginal title. This conclusion is based on the Supreme Court’s Constitutional framework which emphasizes proportionality, fairness, reasonableness and reconciliation. Thus, …

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 …

Constitutional (Mis)Adventures: Revisiting Quebec’S Proposed Charter Of Values, Dia Dabby

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

In November 2013, the Parti Québécois introduced the Charter affirming the values of State secularism and religious neutrality and of equality between women and men, and providing a framework for accommodation requests (also known as Bill 60). This proposed piece of legislation would substantially alter how public services are offered and received in Québec. This article argues that this legislative project was much more than a simple law, and rather, as discussed, about reconfiguring the constitutional relationship that Quebecers entertain with the rest of Canada. As such, it engages with the constitutional “misadventures”, as experienced in Quebec in 2013-2014. Drawing …

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 …

A Step Forward Or Just A Sidestep? Year Five Of The Supreme Court Of Canada In The Digital Age, Nader R. Hasan

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

Over the past five years, the Supreme Court of Canada has released a series of decisions meant to bring section 8 of the Canadian Charter of Rights and Freedoms into the Digital Age. These decisions acknowledged the unique privacy interests that people have in the information stored on their digital devices and the potential for modern technology to eviscerate privacy if the law of search and seizure does not keep pace with technological development. There is a danger, however, that recent victories for privacy in the courts will be illusory unless the courts develop additional manner of search limits on …

The Past And Future Of Constitutional Law And Social Justice: Majestic Or Substantive Equality?, David Wiseman

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

This article addresses the past record and future prospects of the relationship between constitutional law and social justice. The exploration of this relationship is framed as a question of the role that constitutional law has played in protecting and advancing a substantive, rather than merely majestic (i.e., formal), conception of equality. After providing an overview of the current state of income deprivation and inequality in Canada, and the implications of this for a constitutional conception of equality, a variety of areas of constitutional law are examined. It is argued that, across these areas, constitutional law has regularly been willing to …

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

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from conviction for murder, a first degree felony, in the
Third Judicial District, Salt Lake County, the Honorable James
T. Blanch presiding

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

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

The State Of Utah, Plaintiff/Appellee, V. Robert Thomas Rust, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from a conviction for one count of money laundering, a second
degree felony, in violation of Utah Code 76-10-1903; one count of conspiracy to
distribute a controlled substance, a third degree felony, in violation of Utah Code
58-37-8(1)(a)(ii), 76-4-201 ; and two counts of false/fraudulent tax return,
third degree felonies, in violation of Utah Code 76-8-1101(1)(c)(i), in the Third
Judicial District Court, in andfor Salt Lake County, State of Utah, the Honorable
Paul B. Parker presiding.

Appellant is incarcerated.

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

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE

To affirm First District Cache County Order September 1, 2015
by Judge Kevin K. Allen, Case 064100474
That Appellant Continue to Pay Alimony

Afton B. Thomas, Trustee Of The J.M. Trust, Plaintiff/Appellant Vs. Jody K. Mattena, Defendant/Appellee. Afton B. Thomas, Trustee Of The Kent E. Thomas Marital Trust, Plaintiff/Appellant, Vs. George Tennyson Mattena; Jody K. Mattena; And Bad Lands Bow Hunters, Llc, A Utah Limited Liability Company, Defendants/Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT
LAKE COUNTY, STATE OF UTAH, HONORABLE RYAN HARRIS
CIVIL NO. 130905157 AND CONSOLIDATED CASE NO. 130905158

Eldad Vered, M.D., An Individual, Plaintiff/Appellee, Vs. Tooele Hospital Corporation, A Utah Corporation, Doing Business As Mountain West Medical Center, Executive Medical Committee Of The Medical Staff Of The Mountain West Medical Center, An Organization, Tracy Schaffer, R.N., An Individual, And Yvonne Nielson, R.N., An Individual, Defendants/Appellants. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANTS

INTERLOCUTORY APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
TOOELE COUNTY, JUDGE ROBERT ADKINS

Idrive Logistics, Llc, Plaintiff/Appellee, V. Integracore, Llc, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT INTEGRACORE, LLC

Appeal from Interlocutory Orders by
Fourth District Court, Utah County,
Honorable Fred D. Howard, Case
No. 130400386

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

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

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.

Appellant is not incarrcerated.