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TheCourt.ca is the premier source of commentary on, and analysis of, the work of the Supreme Court of Canada. Our goal is to be an inclusive forum for academics, practitioners and interested citizens to publish, review and discuss commentary on recent Supreme Court judgments, upcoming cases, current hearings, scholarly perspectives, practical insights, updates and more.
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Trial Fitness Clarified: The SCC’s Approach in R v Bharwani
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When the Supreme Court of Canada granted leave to appeal in R v Bharwani, it represented the first instance in over three decades that the highest court had the opportunity to interpret section 2 of the Criminal Code, since Parliament established the statutory definition for “unfit to stand trial” in 1991. Canadian mental disorder jurisprudence has come a long way in the previous three decades, but fitness—an issue central to the accused’s autonomy, trial fairness, and the “Not Criminally Responsible on Account of Mental Disorder” regime—remains largely governed by Taylor, an integral, but pre-Charter-evolution decision.
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Fresh Starts and Student Loans: Assessing the Supreme Court’s Approach in Piekut
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The Supreme Court of Canada’s decision in Piekut v Canada (Attorney General), 2025 SCC 13 (“Piekut”) resolves a long-standing dispute over when student loans become dischargeable in bankruptcy. At issue was whether the seven-year waiting period in s. 178(1)(g)(ii) of the Bankruptcy and Insolvency Act (“BIA”) runs from any cessation of studies or only from […]
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Reasonable Findings, Questionable Remedies: the SCC on Remitting Matters on Judicial Review in Pepa
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The Supreme Court of Canada’s holding in Pepa v Canada (Citizenship and Immigration), 2025 SCC 21 reveals fault lines in the current approach to granting remedies on judicial review. The resulting uncertainty risks undermining the principle of predictability in the administrative state. In short, Pepa has significant consequences for administrative decision-makers and applicants seeking judicial review, particularly with respect to statutory interpretation.
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APPEAL WATCH: SCC to Determine the Use of Compelled Accident Statements in Korduner
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The Supreme Court of Canada has granted leave to appeal the decision in R v Korduner, a split decision from the Alberta Court of Appeal that examines the extent of use immunity for statutorily compelled statements. In particular, the SCC may wish to examine whether a statement given by a motorist who has an honest and reasonably held belief that they are statutorily compelled can be used as the reasonable grounds necessary to compel an evidentiary breath test pursuant to s.320.28 of the Criminal Code.
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Pandemic Pressures and Procedural Justice: Evaluating the Supreme Court’s Approach in R v Varennes
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The Supreme Court of Canada’s (“SCC”) decision in R. v. Varennes 2025 SCC 22 ("Varennes") highlights the tension between prosecutorial discretion, judicial oversight, and the protection of Charter rights under extraordinary circumstances. Varennes addresses whether a trial judge can order a judge-alone trial over the Crown’s objection during the COVID-19 pandemic. The SCC’s reasoning navigates […]
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R v Kloubakov : Post-Bedford Sex Trade Offences Withstand Constitutional Scrutiny
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In R v Kloubakov, 2025 SCC 25, the Supreme Court of Canada has affirmed that offences directed toward regulating the sex industry can withstand constitutional scrutiny as long as they are carefully drafted to target exploitation of sex workers, rather than sex workers themselves.