Honda Canada Inc. v. Keays,
Employment law — Wrongful dismissal — Notice period — Employee terminated after 14 years of employment with same employer — Factors determining reasonable notice of termination of employment — Whether employee’s position in company hierarchy relevant factor — Whether 15‑month notice period reasonable.
Damages — Aggravated damages — Punitive damages — Wrongful dismissal — Employee diagnosed with chronic fatigue syndrome — Employer concerned about employee’s numerous absences and about his doctor’s notes to cover absences, which provided only limited information — Employee dismissed after refusing to meet with employer’s doctor — Circumstances in which aggravated damages resulting from manner of dismissal should be awarded — Whether employee entitled to aggravated and punitive damages.
Civil procedure — Costs — Costs premium — Whether costs premium should be awarded — Whether costs should be awarded on substantial indemnity scale.
R. v. Kapp, 2008 SCC 41
Constitutional law — Charter of Rights — Right to equality — Affirmative action programs — Relationship between s. 15(1) and s. 15(2) of Canadian Charter of Rights and Freedoms — Ambit and operation of s. 15(2) — Communal fishing licence issued under pilot sales program granting members of three aboriginal bands exclusive right to fish for salmon for period of 24 hours — Commercial, mainly non‑aboriginal, fishers excluded from fishery at that time alleging a breach of their equality rights on basis of race‑based discrimination — Whether program protected by s. 15(2) of Charter.
Constitutional law — Charter of Rights — Aboriginal rights and freedoms not affected by Charter — Right to equality — Communal fishing licence issued under pilot sales program granting members of three aboriginal bands exclusive right to fish for salmon for period of 24 hours — Commercial, mainly non‑aboriginal, fishers excluded from fishery at that time alleging a breach of their equality rights on basis of race‑based discrimination — Whether s. 25 of Canadian Charter of Rights and Freedoms applicable to insulate program from discrimination charge.
Fisheries — Commercial fishery — Aboriginal Fisheries Strategy — Communal fishing licence issued under pilot sales program granting members of three aboriginal bands exclusive right to fish for salmon for period of 24 hours — Commercial, mainly non‑aboriginal, fishers excluded from fishery at that time alleging a breach of their equality rights on basis of race‑based discrimination — Whether licence constitutional — Canadian Charter of Rights and Freedoms, s. 15.
WIC Radio Ltd. v. Simpson, 2008 SCC 40
Torts — Defamation — Defence of fair comment — Elements of defence — Role of honest belief in test for defence — Radio talk show host defaming social activist opposed to positive portrayals of gay lifestyle — Talk show host making comparisons to Hitler, Ku Klux Klan and skinheads — Comparisons implying activist would condone violence toward gay people — Whether fair comment defence available.
Charkaoui v. Canada (Citizenship and Immigration), 2008 SCC 38
Constitutional law — Charter of rights— Right to life, liberty and security of person— Procedural fairness— Disclosure of evidence— Review of reasonableness of security certificate— Late disclosure of summary of interviews of named person with CSIS officers— Complete notes of interviews destroyed in accordance with internal policy of CSIS— Scope of duty to retain and disclose information in possession of CSIS about person named in certificate — Appropriate remedy— Canadian Charter of Rights and Freedoms, s. 7— Canadian Security Intelligence Service Act, R.S.C. 1985, c. C‑23, s. 12.
Immigration law— Inadmissibility and removal— Security certificate— Evidence obtained subsequent to initial decision to issue security certificate— Whether new evidence admissible at any stage of judicial review of security certificate and detention— Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 78.
