Hi friends,

Justice Brown Retires from the SCC

In an unexpected turn of events, Supreme Court Justice Russell Brown has retired early amidst an ongoing probe into allegations of misconduct. The controversy, originating from an incident at an Arizona hotel bar, has halted the disciplinary review by the Canadian Judicial Council. Brown, maintaining his innocence, cited the strain on his family and the disruption to the court's work as reasons for his departure. His retirement prompts Prime Minister Justin Trudeau to appoint a new Justice, ensuring the Supreme Court's continued service to Canadians. Despite the controversy, Brown's contributions to the court are acknowledged as the legal community awaits further developments.

Here’s the official news release from the SCC.

Supreme Court to Rule on Refugee Protections and Charter Rights

The Supreme Court of Canada will deliver its judgment on June 16, 2023, in the appeal of Canadian Council for Refugees, et al v Minister of Citizenship and Immigration, et al. The appellants challenge their ineligibility to claim refugee protections in Canada after arriving from the United States. They argue that their rights guaranteed under sections 7 and 15 of the Canadian Charter of Rights and Freedoms are being infringed. Specifically, they question the constitutionality of sections 159.3 of the Immigration and Refugee Protection Regulations, which designate the U.S. as a safe country, and section 101(1)(e) of the Immigration and Refugee Protection Act, which renders claimants arriving from the U.S. ineligible for refugee protection. The Federal Court found that these provisions infringed section 7 of the Charter and were not justified under section 1. The appellate court upheld this decision, recognizing its significance for the rights of refugee claimants in Canada. The forthcoming judgment will have far-reaching implications for refugee protections and constitutional rights.

What does “Firac” mean?

For those of you in law school, you’ll probably be all-too-familiar with this term. “Firac”, an acronym for “Facts, Issues, Rules, Analysis, Conclusion”, is the way many law students structure their “briefs” while drudging through their endless readings. “Briefs” are structured summaries of legal cases, and they are the way most law students take notes while reading and in class.

Just like the law, the Firac structure is surprisingly malleable, and is a gateway to more dangerous briefing methods. Some students have turned to “CRAC” to cope with the readings, but this has never ended well. Users can be seen riding imagined unruly horses after using CRAC a few too many times on Lord Denning cases.

In all seriousness, Firac is a way to make sense of the law, and more importantly, to make it brief. That’s what this newsletter does for you.

Thanks for reading and have a great day!

Cheers,

Alex