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SupremeAdvocacyLett@r from Canada

Marie-France Major

Marie-France Major

 

Professional Activities

Marie-France Major is a partner in the firm. She drafts Supreme Court materials and provides advice and agency services to clients regarding applications, responses, factums and motions in regard to appeals before the Supreme Court of Canada as well as legal opinions in the areas of Charter, Constitutional, Human Rights, Aboriginal, Property, Municipal and Family Law.

Marie-France is fluent in English and French.

In 1989 and 1990, Marie-France articled with Mr. Justice G.V. LaForest at the Supreme Court of Canada where she enhanced her Supreme Court experience.
 

Education & Bars

Called to the Ontario bar, 1995

University of California at Berkeley, J.S.D., 1994

University of Oxford, B.C.L., 1987

University of Ottawa, LL.B., 1986

University of Ottawa, B.Sc.Soc., 1983
 

Languages

French, English
 

Representative Work

Marie-France’s representative work as Ottawa Agent includes: 

  • Fullowka v. Pinkerton's [2010] known as the "Giant Mine" case examining various tort duties of care in the context of security service, territorial government health & safety regulation, and union strike activity where 9 miners were killed underground by a planted explosive device
  • Khadr [2008] Charter challenge and duty to disclose
  • Honda [2008] setting aside of aggravated and punitive damages in employment termination case. 
  • Kapp [2008] Charter (s. 15) validity of commercial fishing license privileges to Aboriginal people. 
  • Mustapha [2008] review of duty of care and remoteness of damages 
  • Hislop [2007] class action: survivorship pensions  
  • Bryan [2007] Charter (s. 2) challenge to strike publication ban of closed poll results on federal election day 
  • Resurfice [2007] clarification of "but for" test to determine causation in negligence cases 
  • D.B.S. [2006] validity of retroactive child support orders 
  • Kirkbi  [2005] trade-marks and the doctrine of functionality  
  • Dikranian [2005] class action: student loans 
  • Biolyse [2005] patented medicines and notice of compliance  
  • Calgary (City) [2004] proper approach to interpretation of statutes empowering municipalities  
  • Marriage Reference [2004] federal question to SCC on Charter compliance of proposed same-sex marriage statute 
  • Doucet-Boudreau [2003] remedy available for realization of minority language education rights  

Marie-France has also appeared as counsel and co-counsel before the Supreme Court in a number of cases, including: 

  • Halifax Regional Municipality [2011] municipal taxation
  • Montreal Port Authority [2010] municipal taxation
  • Kerr [2010] division of family property
  • Tercon [2009] government contracts and tendering process
  • Nguyen & Bindra [2008] Minority language educational rights  
  • Evans [2008] duty to mitigate upon wrongful dismissal 
  • Lameman [2008]  aboriginal people and limitation of actions  
  • Stein [2008] family assets: division of contingent liability  
  • L.T.H  [2008] admissibility of statements of young persons 
  • McGill University Health Centre [2007] clarification of the role of collective agreements in assessment of employer duty to accommodate 
  • Dickie [2007] contempt order 
  • Veuve Clicquot [2006] trade-marks: confusion and the depreciation of goodwill 
  • Saint John (City) [2005] municipalities and official languages


Special Recognition

  • Listed in The Best Lawyers in Canada 2012 as a leader in Aboriginal Law.
  • Awarded the 1993 Marion Porter Prize by the Canadian Research Institute for the Advancement of Women, for "the most significant feminist research article from a journal or anthology, on the basis of academic and scholarly excellence, importance of the issue to women and originality of theme.


Teaching Engagements

  • Associate Professor (tenured), Faculty of Law; member of the School of Graduate Studies and Research, University of Ottawa, 1995-2001.
  • Law Lecturer, Property Law, Course for Lawyers in the Department of Justice of Canada, 1999-2000.
  • Assistant Professor, School of Law, University of Moncton, New Brunswick, 1987-1989.


Publications and Presentations

  • Supreme Court of Canada Manual (Canada Law Book, 2011). Contributor since 2001.
  • "Going to the ‘Big House’: Your Key Out of the Supreme Court’s Waiting Room” (2010) CBA Canadian Legal Conference
  • “The Constitutional Legal Status of Municipalities 1849-2004: Success is a Journey, But Also a Destination” (2007) National Journal of Constitutional Law
  • “Conscientious Objection to Military Service: The European Commission on Human Rights and the Human Rights Committee” (2002) California Western International Law Journal
  • “Reporting to the Human Rights Committee: the Canadian Experience” (2000) The Canadian Yearbook of International Law
  • “Comparative Analogies: Sullivan visits the Commonwealth” (1999) Indiana International and Comparative Law Review
  • “Neuf a zero ne suffit plus: Gould c. Yukon Order of Pioneers et la perspective feminine” (1997) Osgoode Hall Law Journal / Revue de droit de Osgoode Hall
  • “Sexual-Orientation Hate Propaganda: Time To Re-Group” (1996) Canadian Journal of Law and Society / Revue canadienne Droit et societe
  • “American Campus Speech Codes: Models for Canadian Universities?” (1995) Education & Law Journal
  • “Conscientious Objection and International Law: A Human Right?” (1993) Case Western Reserve Journal of International Law
  • “Obscene Comparisons? Canadian and American Attitudes Toward Pornography Regulation” (1993) Journal of Contemporary Law, U.S.A.