Introduction Criminal law is oftentimes understood as an outcome-oriented field of law, wherein procedure in the criminal justice system is ultimately aimed at achieving an outcome – guilty or not guilty. However, the procedure to obtain a conviction is just as important, if not even more significant, than the conviction itself. If procedure utilized in […]
The Supreme Court of Canada (“SCC” or “The Court”) has modified the threshold of “impecuniosity” where a First Nations government seeks advance cost awards in litigation against the federal or provincial governments. In the unanimous decision of Anderson v Alberta, 2022 SCC 6 [Anderson], the Court determined that a First Nations government which has access […]
The Supreme Court of Canada (“SCC”) will revisit mandatory minimum sentences in Jennifer Basque v Her Majesty the Queen (SCC case no. 39997, leave to appeal granted March 10, 2022). This time, the SCC will consider whether pre-sentence prohibitions can, like “time served”, be credited to reduce a sentence below the mandatory minimum. Background Jennifer […]
On March 3, 2022, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Lanfer v. Eilers, a ruling from the British Columbia Court of Appeal, 2021 BCCA 241 [Eilers]. The SCC will rule on whether a foreign judgement granting the remedy of specific performance for the transfer […]
People with disabilities—as well as other marginalized peoples—are well-aware that ideas presented under the guise of neutrality, rationality, and scientific thought are not necessarily any less likely to propagate hate due to their manner of expression, contrary to the analysis recently provided by the Supreme Court of Canada (“SCC”) in Ward v Quebec (Commission des […]
How should criminal courts account for the existence of systemic and pervasive anti-Black racism when sentencing Black offenders? This is the question that the Nova Scotia Court of Appeal (“NSCA”) grappled with in R v Anderson, 2021 NSCA 62 [Anderson]. More specifically, the appellate court examined how evidence from ‘Impact of Race and Culture Assessments’ […]
Does the test for prima facie discrimination need to be altered in family status cases to avoid disruptions in the workplace? The Supreme Court of Canada (“SCC”) has declined to answer this question for now, dismissing the application for leave to appeal United Nurses of Alberta v Alberta Health Services, 2021 ABCA 194 [UNA 2021]. […]
When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203 [Beaver], the Court of Appeal of Alberta (“ABCA” or “Court of Appeal'') ruled that courts can admit such evidence if a proper “fresh start” occurred […]
Content Warning: this article has some descriptions of violence and abuse that may be triggering to some readers* Justice Mandhane of the Ontario Superior Court of Justice (“ONSC” ) has re-framed how family violence is addressed in divorce proceedings in the recent case of Ahluwalia v Ahluwalia, 2022 ONSC 1303 [Ahluwalia]. Previously, survivors of family […]
Content Warning: This article includes depictions of sexual violence that may evoke strong emotions for some readers. The jurisprudence surrounding the requirement for consent as a defence for sexual assault has expanded substantially to dispel the stereotypes and myths associated with sexual assault, most recently refined in R v Barton, 2019 SCC 33 [Barton]. Despite this […]