The Supreme Court of Canada’s (“SCC”) upcoming decision in Her Majesty the Queen v Kokopenace [Kokopenace] will clarify what steps provinces need to take in order to ensure that Aboriginal persons facing criminal charges are afforded the chance to have their cases tried by a representative jury.
In Wakeling v United States of America, 2014 SCC 72, the Supreme Court of Canada (“SCC”) considered the constitutionality of the legislative scheme surrounding the disclosure of information collected through wiretaps to foreign governments. In a 3-1-3 split decision, the Court dismissed this challenge to the Criminal Code, RSC 1985, c C-46. While grappling with […]
Six days after hearing the appeal of R v Wilis, 2014 ONCA 178 [Wilis, ONCA], Justice Rothstein delivered the one paragraph decision of the Supreme Court of Canada in R v Wilis, 2014 SCC 73 [Wilis, SCC]. Reproduced in full, it reads: The majority of the Court is of the view that the appeal should be dismissed for the […]
This commentary is the second part of a two-part series detailing and critiquing the decision of Thorburn J in R v Chauhan. The first part addressed the relevant facts, rules and analysis as it related to the first complainant in the case, A.C. The second part will address the second complainant, P.W. Unlike Thorburn J’s […]
This commentary is the first part of a two-part series detailing and critiquing the decision of Thorburn J in R v Chauhan. The first part addresses the relevant facts, rules and analysis as it relates to the first complainant in the case, A.C. The second part will address the second complainant, P.W. On September 25, […]
After a custom built home was found to have significant structural defects, the homeowners (“the Swifts”) sued the designer of the home (“the Architects”). This case provides clear guidance on the law of agency in the context of matrimonial relationships. As such, Swift v Tomecek Roney Little & Associates Ltd., 2014 ABCA 49, provides invaluable […]
The Ontario Court of Appeal ordered a new trial under a different trial judge after finding a reasonable apprehension of bias on the part of Ontario Superior Justice Ted Matlow in Hazelton Lanes Inc v 1707590 Ontario Limited, 2014 ONCA 793 [Hazelton Lanes]. Justice Matlow's objectivity has been questioned by the Canadian Judicial Council in the past, when an […]
Can a person legally consent to sexual assault causing bodily harm? In the wake of the Supreme Court of Canada’s landmark decision in R v Jobidon, [1991] 2 SCR 714, there remains some confusion regarding how far to extend the broad proposition outlined in that case – namely, that bodily harm cannot be consented to. […]
The Ontario Court of Appeal (ONCA) set aside a lower court ruling earlier this year because the motion judge had failed to give adequate reasons for his decision. In Barbieri v Mastronardi, 2014 ONCA 416 [Barbieri], the Court of Appeal was reviewing a liability finding linked to the sale of residential property. While the court recognized the […]
In Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, the Supreme Court of Canada ("SCC") unanimously determined that Ontario has the jurisdiction under the Crown to take up land covered by the Ontario Boundaries Extension Act, SC 1912, c 40, s 2, Treaty No. 3 (1873) (“Treaty 3”), thus limiting First Nation […]