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Canada: Supreme Court Upholds Constitutionality of Carbon Tax Participation Requirement for Provinces

(June 23, 2021) On March 25, 2021, the Supreme Court of Canada, in a 6–3 decision, issued an opinion holding the 2018 Greenhouse Gas Pollution Pricing Act constitutional under Parliament’s residual power to make laws for “peace, order, and good government.” (References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (Decision); Greenhouse Gas Pollution […]

International: Genocide Conviction Against Ratko Mladic Upheld

(June 15, 2021) On June 8, 2021, the International Residual Mechanism for Criminal Tribunals (IRMCT) upheld the International Criminal Tribunal for the Former Yugoslavia’s (ICTY’s) 2017 judgment against Ratko Mladic. As the former commander of the Main Staff of the Bosnian Serb Army, Mladic was sentenced to life in prison for genocide, crimes against humanity, […]

Philippines: Supreme Court Rules on Psychological Incapacity as a Ground for Nullity of Marriage

(May 28, 2021) On May 11, 2021, the Philippines’ Supreme Court announced that it had modified the interpretation of the requirements of psychological incapacity as a ground for declaring the nullity of marriages in court. The requirements are set forth in article 36 of the Family Code, which provides that a marriage contracted by any […]

France: Government Initiates Judicial Reforms

(May 25, 2021) On April 14, 2021, the French prime minister and the minister of justice submitted a bill to Parliament that aims to reform certain aspects of the French judiciary and to “restore trust between citizens and the judiciary institutions.” This bill includes provisions on filming trials, preliminary investigations, attorney-client privilege and the confidentiality […]

Russian Federation: Restrictions on Media with Foreign Funding Imposed

(May 14, 2021) On April 30, 2021, Russian Federation President Vladimir Putin signed into law recently adopted amendments to the Code of Administrative Violations. The amendments impose fines for distribution in mass media of materials produced by an entity recognized and registered as a foreign agent in Russia if such publications do not bear a […]

Canada: Supreme Court Rules American Indian Tribe Member Has Constitutional Right to Hunt in Ancestral Territory without a License

(May 5, 2021) On April 23, 2021, the Supreme Court of Canada issued an opinion holding that an American citizen who is a member of an American Indian tribe with ancestral connections to an aboriginal group in Canada was not subject to criminal penalties under a British Columbia conservation law for hunting on public land […]

Sweden: Patent and Market Court Declares Classic Works Quotable Even under Offensive Circumstances

(Apr. 30, 2021) On April 15, 2021, the Swedish Patent and Market Court held that classic texts that are part of the Swedish cultural heritage may be quoted or reproduced unaltered, even when the context is offensive to the general public. (Patent and Market Court Case No. PMT 17286-19, on file with author.) Section 51 […]

France: High Court Issues Ruling on Insanity Defense

(Apr. 29, 2021) On April 14, 2020, the Cour de cassation, France’s highest court for civil and criminal matters, confirmed that defendants could not be judged under criminal law if they committed murder while in a state of delirium that eliminated (aboli) their discernment. This decision concludes a case referred to in the press as […]