General Appeal Podcast

In this episode we are revisiting the appeal of Nevsun Resources v. Araya. What does the Supreme Court of Canada say when asked whether Eritrean nationals can bring a case against a Canadian mining company they claim engaged in human rights abuses in Eritrea? 

Find out on The General Appeal Podcast as we break the SCC's decision down with guest Paige Wilson.

It's clear the Constitution of Canada is a big deal, both in terms of understanding the law and a significant chunk of the work of the Supreme Court. But what exactly is the Constitution of Canada? This is the second episode in our special COVID-19 social distancing series in which we're asking questions about the fundamental elements of our legal system.

The General Appeal Podcast asks the question, “What’s going on at the Supreme Court of Canada, and why should we care?” But what exactly is the Supreme Court of Canada, and why should we care about what’s going on there? This is the first of a special COVID-19 social distancing series in which we’re asking questions about the fundamental elements of our legal system. Let’s talk about the history of the Supreme Court, the judges and some of the key questions that are driving the Court and our view of the Court in the 21st century.

We're looking at Fraser v Canada and asking: when women remain predominantly responsible for child-care, what does equal benefit of the law look like in the context of a pension contribution scheme? What is really "choice" and what remains the confines of a structure built around male-pattern employment?

 Our guest this episode is Fay Faraday, Faraday Law @FayFaraday

- Link to the FCA decision: Fraser v. Canada, 2018 FCA 223: https://www.canlii.org/en/ca/fca/doc/2018/2018fca223/2018fca223.html?autocompleteStr=fraser&autocompletePos=3

- Link to facts before the SCC: https://scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=38505

We're looking at the highly anticipated Vavilov decision. The Supreme Court has attempted a sweeping overhaul of administrative law. Sounds dry? On this episode of The General Appeal Podcast, we’re going to try to convince you that this decision has significant impacts on access to justice, procedural fairness, and the day-to-day decisions that affect your life. 

Our guest this episode is Corey Shefman, Othuis Kleer Townshend LLP @Coreyshefman

- Link to the SCC decision: Canada v. Vavilov, 2019 SCC 65: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18078/index.do?q=vavilov

We're looking at the appeal of the Nova Scotia Court of Appeal's decision in Matthews v. Ocean Nutrition.  Mr. Matthews was wrongfully dismissed from his job and as a result lost out on a pretty sweet incentive entitlement. What claim – if any – does he have to this money? And what implications does this decision have for workers that rely on non-traditional forms of pay, particularly in the new gig economy? These are just some of the questions we'll be exploring on this episode of The General Appeal Podcast.

Our guest this episode is Alexandra Monkhouse @MonkhouseLaw

- Link to the NSCA decision: https://www.canlii.org/en/ns/nsca/doc/2018/2018nsca44/2018nsca44.html?autocompleteStr=2018%20NSCA%2044%20&autocompletePos=1

- Link to the SCC facta: https://scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=38252

We're looking at the appeal brought by the Canadian Coalition for Genetic Fairness – is the Genetic Non-Discrimination Act valid federal law? Who protects your genetic information?

Our guests this episode are Professor Bruce Ryder @BBRyder and Raj Dhir @_RajDhir

-       Quebec Court of Appeal decision on the Reference re the Genetic Non-Discrimination Act, 2018 QCCA 2193: https://www.canlii.org/en/qc/qcca/doc/2018/2018qcca2193/2018qcca2193.html?searchUrlHash=AAAAAQAHZ2VuZXRpYwAAAAAB&resultIndex=1

-       SCC factums: https://scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=38478

We're looking at the appeal of the British Columbia Court of Appeal's decision in Nevsun Resources v. Araya, that Eritrean nationals can bring a case in a Canadian court against a Canadian mining company they claim engaged in human rights abuses. When the world of business and technology is pulling ever closer together - and shareholders and customers expect industry to constantly strive for bigger, cheaper, faster - what role do the concepts of national boundaries and state sovereignty play?  And while states may benefit from state immunity, what about corporations wanting to do business in and with those states?  Just how far can the shields states hide behind also protect business interests, particularly when human rights are on the line?  These are just some of the questions we'll be exploring on this episode of The General Appeal Podcast.

Our guest this episode is Cory Wanless, Waddell Phillips, @CoryWanless

- Link to the British Columbia Court of Appeal decision: Araya v. Nevsun Resources, 2017 BCCA 401: https://www.canlii.org/en/bc/bcca/#search/type=decision&ccId=bcca&id=nevsun&origType=decision&origCcId=bcca

- Link to factums in the Nevsun Appeal to the SCC: https://www.scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=37919