Jan. 22, 2020 - In a decision handed down on December 9, 2019,1 the Québec Superior Court stressed the importance of keeping the identity of whistleblowers and their statements confidential in the context of investigations into wrongdoing within a public body. Confidentiality can be lifted only when there are serious...
When you follow a guide off piste you are letting your guide take your life in their hands. Before doing so you will no doubt vet the qualifications of your guide to ensure that they have the necessary experience and skill to lead you safely down the mountain. In this article published in Environmental Education for Court Practitioners, the experience of the authors is, unfortunately, that many of our environmental and energy administrative tribunals do not apply the same rigour before admitting “expert” testimony into evidence before them. These administrative tribunals often follow what the Ontario Court of Appeal dubbed the “let it all in approach” when receiving expert testimony. This approach has become so common that the authors noted during discussions with other counsel that some lawyers simply chose not to bother challenging the qualifications of an expert in administrative hearings.
Jan. 14, 2020 - The Supreme Court of Canada (SCC) recently rendered its much-awaited decisions in Canada (Minister of Citizenship and Immigration) v Vavilov and companion appeals. Upon granting leave to appeal, the SCC had announced that these appeals would “provide an opportunity to consider the nature and...