R v Nguyen Affirms 18-Month Provincial Court Ceiling Applies to Part I Provincial Offences.

On September 30, 2020, the Ontario Court of Appeal (“ONCA”) held in R v Nguyen, 2020 ONCA 609 [Nguyen] that the 18-month presumptive ceiling established in R v Jordan, 2016 SCC 27 [Jordan] , which governs what constitutes unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedoms [Charter], applies to proceedings […]

Publication bans should be put to the test in CBC v the Queen

Canadian Broadcasting Corporation v Her Majesty the Queen, et al. 38992 [CBC v the Queen] considers whether evidence not admitted as part of the record prima facie can be subject to a publication ban.This challenge resulted from the Manitoba Court of Appeal’s (“MBCA”) decision to implement a publication ban over a set of fresh evidence that […]

Assessing Credibility of Survivors: The ONCA Debunking Rape Myths and Stereotypes in R v Steele

Warning: The following post by necessity includes details about an allegation of sexual violence and offensive language. It may not be suitable for all audiences.   Are rape myths and stereotypes still perpetuated by courts? What are the implications of this for survivors of sexual assault? Although the ONCA in R v Steele, 2021 ONCA […]

Francis v Ontario: The ONCA Upholds Charter Breaches for Any Period in Administrative Segregation for Seriously Mentally Ill Inmates

In an unanimous decision, the Ontario Court of Appeal (“ONCA” or “the Court”) dismissed the Ontario government’s appeal against the $30 million solitary confinement class action. Francis v Ontario 2021 ONCA 197 [Francis] is a significant decision for two reasons. First, the ONCA upheld the motion judge’s finding that placing seriously mentally ill (“SMI”) inmates […]

“Fundamentally Fair Justice”: R v Esseghaier and Procedural Fairness in Jury Selection

In trials where juries are involved, jury selection is a key process. It ensures that the accused receives a fair and impartial hearing, to which they have a right under s. 11(d) of the Canadian Charter of Rights and Freedoms [Charter]. The issue of whether this very right was violated was addressed in R v […]

R v Hilbach: SCC to Hear Constitutional Challenge to Mandatory Minimum Sentence for Firearm Offence

This month, the Supreme Court of Canada (“SCC”) granted leave to appeal from a decision of the Alberta Court of Appeal (“ABCA”), which found that the mandatory minimum sentences for two related firearms offences violated the accused individuals’ rights under section 12 of the Canadian Charter of Rights and Freedoms [Charter]. Section 12 protects the […]