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Canada Case Law

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Constitutional law 2012 BCCA 161

Dish Network L.L.C. v. Rex

Appeal from an advance-costs order funding a Charter challenge to broadcasting laws. The Court held the challenge was too speculative and set the order aside.

  • Section 2(b) charter freedom of expression
  • Advance costs (okanagan/little sisters test)
  • Radiocommunication act ss.9(1)(c),10(1)(b),18
  • Order in council broadcasting licensing restrictions
  • Grey market satellite reception
  • Standing/public interest litigation
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Indigenous law 2005 FC 829

Williston v. Canada (Minister of Indian Affairs and Northern Development)

The Federal Court dismissed a cottage lease dispute, finding no proprietary estoppel and holding the public claim was an indirect challenge requiring judicial review.

  • Proprietary estoppel
  • Fiduciary duty of the crown to first nations
  • Indian act s.18(1)
  • Delegation of land management s.53
  • Judicial review vs action under federal courts act
  • Standing/public interest litigation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.