Canadian Lawyer

April 2015

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/486523

Contents of this Issue

Navigation

Page 30 of 47

w w w . C A N A D I A N L a w y e r m a g . c o m A p r I L 2 0 1 5 31 Karakatsanis. "You want finality and stability on the one hand. But you also need to have enough flexibility for the law to evolve to meet changing circumstances," she says. e Supreme Court has developed its own rules on when it is appropriate to depart from a precedent. "at is where we feel that the need for certainty is outweighed by the need to perhaps better address an issue, correct an error, deal with a precedent that has been difficult to apply or has caused unfairness." A "better record" or different evidence is not enough. "ere has to be a significant change in circumstances," she states. Of course there is not al- ways going to be unanimous agreement on whether that standard has been met, such as in the dissenting decisions in the freedom of association (Mounted Police Association of Ontario v. Canada (Attorney General)) and collective bargaining (Saskatchewan Fed- eration of Labour v. Saskatchewan) rulings issued earlier this year. "We all try to reach consensus," says Karakatsanis. "Some- times we just see the decision differently. If we can't agree with the majority reasons, I think it is healthier to set out your own view. Disagreements among judges can be healthy. It can lead to public debate and scholarly debate. Sometimes the dissents of today can become the majorities of the future." One of the strongest dissents written by Karakatsanis was in R. v. Fearon, an appeal over whether police need a search warrant to look through a suspect's mobile phone incident to arrest. e ma- jority decision concluded warrants were not necessarily required, although it modified the common law police powers in this area. Karakatsanis warned of the significant privacy implications of the decision, since smartphones now contain so much personal information they are "windows to our inner private lives." e modified framework set out by the majority could cause uncer- tainty over what is permitted and lead to "increased aer-the-fact litigation," she suggested. Karakatsanis notes even when a judge or judges are dissenting, there is still a consensus about each of their roles on the Supreme Court. "We are members of the court as an institution. It is not about the individual. We have the obligation to uphold the legiti- macy of the court, respect for the court and to provide as much certainty on important issues of national importance." A continuing source of pride to the Greek-Canadian commu- nity, the Hellenic Canadian Lawyers' Assocation renamed its an- nual scholarship in her name, three years ago. Her husband Tom Karvanis is one of the organization's founders and an honorary director. He was also the person who convinced Karakatsanis to accept the appointment to the Supreme Court. "It has been a huge transition on a personal level. You are uprooted from your home, your family, and your friends," she says. "I asked my husband, I said to him, I think we better let someone know if we are not interested and he replied, 'how can you say no?' at was the extent of our discussion," she laughs. e transition was made easier by her new colleagues. "It is an incredibly collegial court. e judges here are so welcoming," says Karakatsanis. Aer a varied career with a number of senior posi- tions, she is promising to remain at this job for some time. "I am staying. e work here really is extraordinary." New Publication Canadian Citizenship and Immigration Inadmissibility: Criminal Law Edition Mario D. Bellissimo, C.S. Turn to Canadian Citizenship and Immigration Inadmissibility: Criminal Law Edition and you'll find expert summaries of leading cases and key legislation; invaluable case management tips; and time-saving sample pleadings and submissions from a renowned immigration lawyer with an extensive background in both immigration and criminal law. In this unique resource, you'll get both the immigration and criminal law insight and case management advice that will help you handle your case with confidence. With this unique resource, you can: • Take on immigration criminality cases with confidence, with expert analysis of hundreds of decisions and key legislation on criminality and immigration inadmissibility • Effectively and efficiently manage your immigration criminality case files, by using case management tips and advice from a leading practitioner • Immediately see the impact of criminality on different immigration status holders and how it will impact your client's case • Reduce your document preparation time and work effort, with access to expertly drafted sample pleadings and submissions • Save research time with access to one convenient source of criminal and immigration law insight Handle criminal immigration cases with confidence Order # 986438-65203 $109 Softcover approx. 306 pages December 2014 978-0-7798-6438-6 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00226GD-A46712 Available risk-free for 30 days | Order online: www.carswell.com | Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - April 2015