Criminal Law: Sealing Order

Minassian v. R., 2019 ONSC 4455 (38866)
There is a sealing order and publication ban in this case, in the context of a search warrant followed by a requested sealing order. “The ancillary motions are dismissed. The application for leave to appeal…is dismissed.”

Criminal Law: Sentencing As Adult

McKenzie v. R., 2021 MBCA 8 (39630)
The Applicant, then age 15, participated in a home invasion while using a firearm. The two adult occupants attempted to hold the door closed when the Applicant fired through the door, resulting in serious injuries to one of the occupants. The Applicant entered a guilty plea to the charge of discharging a firearm with intent. The Crown successfully applied to have the Applicant sentenced as an adult. A sentence of six years and eight months was imposed, which was then reduced by 20 months of credit for pre-sentence custody. The Man. C.A. dismissed the appeal. “The application for leave to appeal…is dismissed.”

Extradition: Sentencing Differentials

Damgajian v. Minister of Justice of Canada, 2021 QCCA 259 (39557)
The Applicant, Mr. Damgajian, was the subject of a request for extradition to the U.S. to face charges related to drug trafficking, including alleged offences of manufacturing, importing and distributing pseudoephedrine. The Minister of Justice of Canada issued a surrender order for the Applicant on April 18, 2019.  Mr. Damgajian filed a motion for judicial review of the Minister’s decision, describing it as unjust and oppressive and as tending to shock the conscience of Canadians because of the difference between the sentence likely to be imposed on Mr. Damgajian in the U.S. and the Canadian sentence for the corresponding offence. The Québec C.A. dismissed the application for judicial review on February 5, 2021, as it found the Minister’s decision was reasonable, stressing in particular the fact a difference between a foreign sentence and a Canadian sentence cannot on its own justify a refusal of surrender to a requesting state. “The application for leave to appeal…is dismissed.”

Family Law in Québec: Unjust Enrichment

F.L. v. C.G., 2020 QCCA 1587 (39542)
There is a publication ban in this case, a publication ban on the party, and certain information is not available to the public, in the context of payment of an indemnity for unjust enrichment. “The application for leave to appeal…is dismissed with costs.”

Immigration & Refugees: “Jurisprudential Guides”

Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), 2020 FCA 196 (39522)
The Applicant, Canadian Association of Refugee Lawyers (“CARL”) applied for judicial review of decisions by the Chairperson of the Immigration and Refugee Board (“Board”) to identify four decisions of the Board’s Refugee Appeal Division as “jurisprudential guides”, where those decisions included factual determinations. The Fed. Court dismissed CARL’s applications in relation to that issue. Applying the standard of reasonableness, it found it was not unreasonable for the Chairperson to have implicitly interpreted s. 159(1)(h) of the Immigration and Refugee Protection Act S.C. 20001 c. 27 (“IRPA”) as conferring the authority to issue jurisprudential guides that include factual determinations. The Fed. C.A. dismissed CARL’s appeal, agreeing with the Fed. Court the Chairperson’s interpretation was reasonable. “The application for leave to appeal…is dismissed.”

Tax: Extra-Provincial Jurisdiction

Fitter International Inc. v. British Columbia, 2021 ABCA 54 (39633)
The B.C. Provincial Sales Tax Act (the Act) imposed a sales tax on B.C. residents who purchase goods they brought into British Columbia. The Act required vendors outside the province, who sell into the province and cause goods to be delivered to it, to register, collect the sales tax owing, and remit the tax to the B.C. government, failing which a penalty equal to the tax plus an additional penalty may be imposed. The Act also required vendors to file monthly returns and allows auditors from the B.C. Ministry of Finance to access vendors’ business premises and records. Fitter International Inc., a business incorporated in the province of Alberta, asked the Alberta Court of Queen’s Bench to declare certain provisions of the B.C. statute unconstitutional. B.C. brought a motion to strike the claim for lack of jurisdiction. The Alberta Court of Queen’s Bench dismissed the motion to strike and awarded special costs to Fitter International. The Alta. C.A. allowed the subsequent appeals and dismissed the cross-appeal. “The application for leave to appeal…is dismissed with costs.”