It is a tremendous source of pride for the law school when our Faculty are cited in important and landmark cases. Below are just a few of the most recent citations.
Emma Cunliffe quoted in concurring reasons of recent SCC ruling
The work of UBC Professor Emma Cunliffe was recently cited in the concurring reasons of Wagner J in the recent Supreme Court of Canada ruling of Endean v. British Columbia, 2016 SCC 42 that dealt with the limitations on judicial powers of Supreme Court judges in Pan-National Class Action Settlement cases. Justice Wagner’s concurring decision quotes from Professor Cunliffe’s article “Open Justice: Concepts and Judicial Approaches” (2012).
UBC Professor Catherine Dauvergne and PhD student Asha Kaushal were recently cited in a landmark Supreme Court of Canada ruling (Ezokola v. Canada (Citizenship and Immigration), 2013 SCC 40.), which will have implications for future war crimes cases and refugee applicants. The case was concerning a former Congolese diplomat's refugee claim. Professor Dauvergne represented the Canadian Council for Refugees in the case and was also cited in the decision. The work cited: Kaushal, Asha, and Catherine Dauvergne. "The Growing Culture of Exclusion: Trends in Canadian Refugee Exclusions" (2011), 23 Int'l. J. Refugee L. 54.
The Supreme Court of Canada recently cited the work of Professor Isabel Grant in the high-profile decision in R. v. Mabior (2012 SCC 47 [CanLII], paras. 50, 51, 54). The Court’s reasons for judgment (written by Chief Justice McLachlan) refer to Professor Grant's article on “The Prosecution of Non disclosure of HIV in Canada: Time to Rethink Cuerrier” (2011), 5 McGill Journal of Law and Health 7, in comparing approaches to non-disclosure of HIV in other common law jurisdictions.
Professor Janis Sarra (with Georgina R. Jackson), “Selecting the Judicial Tool to get the Job Done: An Examination of Statutory Interpretation, Discretionary Power and Inherent Jurisdiction in Insolvency Matters”, in Janis P. Sarra, ed., Annual Review of Insolvency Law 2007. Toronto: Thomson Carswell, 2008, 41. Cited in Sun Indalex Finance, LLC v. United Steelworkers, 2013 SCC 6.
Two book chapters by Professor Margot Young were cited in the case Quebec (Attorney General) v. A, 2013 SCC 5: “Blissed Out: Section 15 at Twenty”, in Sheila McIntyre and Sanda Rodgers, eds., Diminishing Returns: Inequality and the Canadian Charter of Rights and Freedoms. Markham, Ont.: LexisNexis Canada, 2006, 45 and “Unequal to the Task: ‘Kapp’ing the Substantive Potential of Section 15”, in Sanda Rodgers and Sheila McIntyre, eds., The Supreme Court of Canada and Social Justice: Commitment, Retrenchment or Retreat. Markham, Ont.: LexisNexis, 2010, 183.