cases that should have gone to the supreme court

Consultation with First Nations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a case involving the Huron-Wendat First Nation and the Canadian government’s constitutional duty to consult. While the Nation’s main application—arguing they were not adequately consulted on a development project—was waiting to be heard in Superior Court, the government attempted to move forward with the project. The Huron-Wendat First Nation sought an interim stay to pause the project until the issue of consultation could be resolved. The court refused, and the Supreme Court of Canada declined to hear the case. This decision raises serious concerns about how Canada’s duty to consult is respected—or disregarded—in practice.

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Consultation with First Nations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Disguised Expropriation: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a case involving the intersection of heritage preservation, private property rights, and land use planning. After purchasing a monastery and applying for demolition permits to redevelop the site, the new owners found their plans halted when the city designated the property as a heritage site. They argued this was a form of de facto expropriation. The courts rejected their claim, and the Supreme Court of Canada declined to hear the appeal—missing a key opportunity to provide national guidance on what constitutes compensable expropriation in a modern urban planning context.

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Disguised Expropriation: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Disguised Expropriation: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Workplace Drug & Alcohol Testing: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation examines a case involving mandatory drug and alcohol testing in the workplace, specifically within the Canadian Nuclear Safety Commission—a federal government organization. The Commission required both pre-employment and random drug and alcohol testing for all employees, regardless of suspicion or individualized concern. When challenged, the courts upheld the policy. The Supreme Court of Canada declined to hear the case, missing an important opportunity to define the limits of government intrusion into the privacy rights of employees.

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Workplace Drug & Alcohol Testing: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Workplace Drug & Alcohol Testing: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Misappropriation of Trust Funds and Mental Health: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses the case of Alberta lawyer Shawn Beaver, who was disbarred after misappropriating over $300,000 in client trust funds. Mr. Beaver challenged his disbarment on the grounds that mental health issues contributed to his misconduct—a claim ultimately rejected by the Alberta Court of Appeal. The Supreme Court of Canada declined to hear the appeal, missing a vital opportunity to define how mental health should be considered in professional discipline cases.

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Misappropriation of Trust Funds and Mental Health: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Misappropriation of Trust Funds and Mental Health: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Provocation and Murder: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a series of constitutional challenges to amendments in the Criminal Code that significantly restricted the use of provocation to reduce murder charges to manslaughter—raising critical questions about legal consistency, federal criminal law, and the right to a fair defence.

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Provocation and Murder: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Provocation and Murder: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Lawyer Suspensions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a case involving the interim suspension of a lawyer in Nova Scotia—raising urgent questions about due process, the limits of regulatory power, and the livelihood of professionals facing unresolved complaints.

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Lawyer Suspensions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Lawyer Suspensions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Employment Law & Severance: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a case about employment law and severance pay—highlighting the growing need for national consistency in how Canadian courts enforce (or reject) termination clauses that fall short of statutory minimums.

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Employment Law & Severance: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Employment Law & Severance: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Climate Action: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”

In this episode, Kyla Lee from Acumen Law Corporation discusses a case brought by a group of young Canadians who argued that the federal government’s failure to implement meaningful carbon emissions targets violated their Charter rights—raising important questions about how environmental inaction intersects with constitutional obligations.

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Climate Action: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!Read More »

Climate Action: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

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