AuthorMark Bourrie
1929 Persons case, 4, 41
1704604 Ontario Ltd v Pointes Pro-
tection Association, 164n80, 167,
167n86, 168
tests of anti-SLAPP laws, 164n79
Access to Information and Privacy
appeals and complaints process
for, 195
coordinators for requests, 193,
laws protecting, 195–96
mixed blessing, as, 192
request process, 194–95
Accessory, after the fact, 74–75
Accident law cases
defence in, 78
foreseeability and, 132–33, 135–37,
141, 143
heard in civil court, 113
liability in, 67
multiple causes of, 143
negligence and, 129–31
structured settlements and (US),
time limitations on, 176
tort of negligence or battery, 150
Accused persons
best interests, of, 83
confessions of, 94n71, 181
criminal record as privileged, 181–82
law ambiguities interpreted in
favour of, 28, 63
reverse onus of‌fence and, 65
right to legal counsel, 93, 96–97
who are Indigenous, 9
Acquittal, in criminal law, 75, 109,
113, 138, 141
defence leading to, 67–68, 79–80,
83, 85–86, 86n61, 89–90, 152
Act respecting Access to documents
held by public bodies and the
Protection of personal informa-
tion, 27n4
Actus reus (doing acts), 78, 86, 89, 108
Administrative law, 7, 30
Aiding and abetting, 88–90
Air of reality
defence of, 64–65, 85, 88
Al Jazeera news agency, 166
Alberta Court of Appeal, 44n21, 46
Alberta Court of Queen’s Bench, 46, 55
Alibrandi, Tom, 37n3
Alternative dispute resolution (ADR),
46, 48–50. See also Arbitration;
Amenity, loss of
compensation for, 122
Animal rights, 162–63
Anti-SLAPP (Strategic Lawsuit
Against Public Participation) laws
counteracting libel chill, 162–63, 169
goals embodied in, 165, 168
multi-step test, 164
proof of actual damages in defam-
ation suits and, 17, 154, 159
some US states, in, 163
supporting expression on matters
of public interest, 168
Appeals. See also Federal Court of
Appeal; Provincial courts of
ATIP process to, 193, 195
CRA assessments of, 85
government decisions of, 30
not permitted for arbitration deci-
sions, 49
right of accused if acquittal set
aside, 40–41
right of convicted to, 44
rulings on disclosure of, 190
seizing terrorist propaganda on,
Supreme Court and, 40–41
Arbitration. See also Mediation
decisions as unappealable, 49
dispute resolved by arbiter, 48
fair use of, 50
international model laws on, 14
Liebeck v McDonald’s Restaurants,
in, 131
norm in international trade, 49
Armani, Frank, 37n3
details of case as sub judice, 180
house arrest, 108
journalists, of, 179, 186–87
power of search, 105–6
process of, 103
rights when arrested, 3, 91, 93,
104, 186
Arthur, Bruce, 3
Assault. See also Battery; Sexual
assault/sexual assault cases
blocking a person’s way, 151
causing bodily harm, 75, 85
conducted on children, 183
impacting reputation, 153
making a threat, as, 150–51,
151n55. See also Threats
sports violence, 86
Athey v Leonati, 143n35
Bad faith, core aspect of SLAPP
lawsuits, 165
Baker v Canada (Minister of Citizen-
ship and Immigration), 31, 31n6
Bane and antidote defence in defam-
ation cases, 158, 159n72
Bars/party hosts, duty of care to
guests, 144–45
Basely v Clarkson, 152n63
Battered woman syndrome (BWS) as
self-defence defence, 87n63
commencement of, 151n55
defences for, 150
includes sexual and physical
assault, 149
Beaver v The Queen and require-
ment for mens rea in criminal
of‌fences, 71n22
Bell Canada v Cop (Sarnia) Ltd, 152n60
Bent v Platnick, 164n80, 168n87
Bernardo, Paul, 183–84
Bill of Rights (US), 91
Bills, private, 26
Bills, public. See also Parliament
delaying tactics of opposition, 23
f‌irst, second, third reading, 22, 25–26
policy reasons for, 21–22, 24

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