In R v Albashir 2021 SCC 48 [Albashir], the Supreme Court (“The Court” or “SCC”) analyzed whether the declaration of invalidity in Canada (Attorney General) v Bedford, 2013 SCC 72 [Bedford] applied retroactively or prospectively. In Bedford, the Court ruled s. 212(1)(j) of the Criminal Code, RSC 1985 c C-46 [Criminal Code]—a provision that prohibited […]
In June 2021, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Annapolis Group Inc v Halifax Regional Municipality, a ruling from the Nova Scotia Court of Appeal, 2021 NSCA 3 [Annapolis]. The SCC will rule on whether the refusal by Halifax Regional Municipality (“Halifax Municipality”) to approve […]
The Supreme Court (“SCC”) will hear F v N SCC 39875 [“F v N”] in March 2022. In this decision, the SCC will address the proper application and interpretation of ss. 23 and 40 of the Children’s Law Reform Act, RSO 1990 c C 12 (“the CLRA”) as well as the“best interests of the child” […]
In Canada v Loblaw Financial Holdings Inc., 2021 SCC 51 [“Loblaw”], the Supreme Court of Canada (“SCC”) examines “one of the most complex tax schemes, with hundreds of definitions, rules, and exceptions that shift regularly” (Loblaw, para 28). The vital, yet straightforward, question being decided in the appeal is “does a parent corporation conduct business […]
Is a police officer’s demand to provide a breath sample valid if they do not have an approved screening device (“ASD”) in their possession when making the demand? In Breault c R, 2021 QCCA 505 [Breault], the Court of Appeal of Quebec (“QCCA”) found that a demand for a breath sample is invalid without the […]
In 1850, the Anishinaabe of the upper Great Lakes agreed to share their vast territory in exchange for hunting and fishing rights, as well as an annual payment (“annuity”) from the Crown. The Crown promised that the annuities could increase over time so long as resource development in the area proved profitable. Mining and forestry […]
In R. v. Johnston, 2021 BCCA 34 [Johnston], the British Columbia Court of Appeal (“BCCA”) quashed the convictions of both Matthew James Johnston and Cody Rae Haevischer on six counts of first-degree murder and one count of conspiracy to commit murder. On December 2, 2021, the Supreme Court of Canada (“SCC”) granted leave for the […]
New evidence is rarely introduced or accepted at appeal courts. However, this rule of thumb could change as the Supreme Court of Canada (“SCC”) hears submissions from counsel in Barendregt v Grebliunas. It is one of three cases the SCC is hearing on child custody matters Dec. 1st and 2nd, 2021, but this one could […]
In R v Parranto, 2021 SCC 46 [Parranto], the Supreme Court (“the Court”) weighed in on the criminal sentences of two drug traffickers in Alberta. In the process, they made powerful statements about individualized sentences, the power of provincial appeal courts and the future of criminal sentencing.
In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 [Carroll-Byrne], the Transportation Safety Board of Canada (“the Board”) sought to appeal the Supreme Court of Nova Scotia’s (“NSSC”) interlocutory decision (Carroll-Byrne v Air Canada, 2019 NSSC 339 [Air Canada]) to allow the conditional release of the contents of the cockpit voice recorder (“CVR”) of […]