Michael L. Phelan

The appellants appealed a decision of the Prince Edward Island Court of Appeal finding an Internet lottery scheme unlawful under the Criminal Code.

The Supreme Court of Canada dismissed the appeal from the bench, adopting the reasons of the Chief Justice of Prince Edward Island.

The appellant corporation was charged under the Occupational Health and Safety Act following a fatal industrial accident.

Due to a lack of court facilities, the trial was delayed for 19 months.

The appellant moved for a stay of proceedings, arguing its right to be tried within a reasonable time under s. 11(b) of the Charter was violated.

The Supreme Court of Canada held that while a corporate accused can rely on s. 11(b), it cannot rely on the presumption of prejudice that applies to individual accused.

Since the appellant did not establish actual prejudice to its ability to make full answer and defence, the delay was not unreasonable and the appeal was dismissed.

The appellant, a cleaner at a military base, was sexually harassed by her supervisor.

She filed a complaint against the supervisor and her employer under the Canadian Human Rights Act.

The Supreme Court of Canada held that the Act contemplates the imposition of liability on employers for all acts of their employees in the course of employment.

The Court reasoned that the Act is remedial, not punitive, and its objectives would be stultified if remedies were not available against the employer, who alone can provide a healthy work environment.