Canada v. Boloh 1(a)

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Date31 May 2023
Citation2023 FCA 120

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10 practice notes
  • Table of Cases
    • Canada
    • Irwin Books Transnational and Cross-Border Criminal Law. Canadian Perspectives Part VI. Inter-State Cooperation and Enforcement
    • September 12, 2023
    ...262 ................... 72 Canada (Public Safety and Emergency Preparedness) v Verbanov, 2021 FC 507 .........101 Canada v Boloh 1(a), 2023 FCA 120 ........................................................................... 212 Canada v Craig, 2012 SCC 43 ....................................
  • Singh Brar v. Canada (Public Safety and Emergency Preparedness)
    • Canada
    • Court of Appeal (Canada)
    • June 19, 2024
    ...paras. 8-18; Canadian Egg Marketing Agency v. Richardson, [1998] 3 S.C.R. 157, 166 D.L.R. (4th) 1 at paras. 49-92; Canada v. Boloh 1(a), 2023 FCA 120 at paras. 14-51. And there is reason to doubt the correctness of the Federal Court’s finding of a rights breach under s. 7 because of the hig......
  • Best Buy Canada Ltd. v. Canada (Border Services Agency)
    • Canada
    • Court of Appeal (Canada)
    • February 25, 2025
    ...must be open to serious question or is incontestably wrong. This promotes stability, a highly prized value: Canada v. Boloh 1(a), 2023 FCA 120 at para. 24. [5] Here, rather than working within the strictures of Miller, the appellant reargues the merits of Danby, going deeply into its reason......
  • Canadian ISIS Fighters and Supporters and the Irony of the Khadr Exception
    • Canada
    • Irwin Books Transnational and Cross-Border Criminal Law. Canadian Perspectives Part III
    • September 12, 2023
    ...their own view that a revision was needed. However, it appears that this will have to wait for another case. 108 Canada v Boloh 1(a) , 2023 FCA 120.. 109 R v McGregor , 2023 SCC 4 . Disclaimer: I was co-counsel for the intervener Canadian Civil Liberties Association. 212 the Khadr Exceptio......
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8 cases
  • Singh Brar v. Canada (Public Safety and Emergency Preparedness)
    • Canada
    • Court of Appeal (Canada)
    • June 19, 2024
    ...paras. 8-18; Canadian Egg Marketing Agency v. Richardson, [1998] 3 S.C.R. 157, 166 D.L.R. (4th) 1 at paras. 49-92; Canada v. Boloh 1(a), 2023 FCA 120 at paras. 14-51. And there is reason to doubt the correctness of the Federal Court’s finding of a rights breach under s. 7 because of the hig......
  • Best Buy Canada Ltd. v. Canada (Border Services Agency)
    • Canada
    • Court of Appeal (Canada)
    • February 25, 2025
    ...must be open to serious question or is incontestably wrong. This promotes stability, a highly prized value: Canada v. Boloh 1(a), 2023 FCA 120 at para. 24. [5] Here, rather than working within the strictures of Miller, the appellant reargues the merits of Danby, going deeply into its reason......
  • Canadian Energy Services L.P. v. Secure Energy (Drilling Services) Inc.
    • Canada
    • Court of Appeal (Canada)
    • April 2, 2025
    ...at para. 63. [56] Purporting to grant a declaration when the remedy sought is truly remedial is an error of law: Canada v. Boloh 1(a), 2023 FCA 120 at paras. 58-60. The task of a judge considering the grant of a remedy framed as a declaration is to first “determine the essential character a......
  • Makarov v. Canada (Foreign Affairs)
    • Canada
    • Court of Appeal (Canada)
    • December 9, 2025
    ...decision is rather unconstrained. See Portnov v. Canada (Attorney General), 2021 FCA 171, [2021] 4 F.C.R. 501; Canada v. Boloh 1(A), 2023 FCA 120, at para. 67, citing Canada (Prime Minister) v. Khadr, 2010 SCC 3, at para. 39; Singh Brar v. Canada (Public Safety and Emergency Preparedness), ......
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2 books & journal articles
  • Table of Cases
    • Canada
    • Irwin Books Transnational and Cross-Border Criminal Law. Canadian Perspectives Part VI. Inter-State Cooperation and Enforcement
    • September 12, 2023
    ...262 ................... 72 Canada (Public Safety and Emergency Preparedness) v Verbanov, 2021 FC 507 .........101 Canada v Boloh 1(a), 2023 FCA 120 ........................................................................... 212 Canada v Craig, 2012 SCC 43 ....................................
  • Canadian ISIS Fighters and Supporters and the Irony of the Khadr Exception
    • Canada
    • Irwin Books Transnational and Cross-Border Criminal Law. Canadian Perspectives Part III
    • September 12, 2023
    ...their own view that a revision was needed. However, it appears that this will have to wait for another case. 108 Canada v Boloh 1(a) , 2023 FCA 120.. 109 R v McGregor , 2023 SCC 4 . Disclaimer: I was co-counsel for the intervener Canadian Civil Liberties Association. 212 the Khadr Exceptio......