The Supreme Court of Canada (“SCC”) made important strides in determining the scope of immunity for Crown prosecutors when dealing with third party interests. In Ontario (Attorney General) v Clark, 2021 SCC 18 [Clark], the SCC faced the claims of three police officers who sought vindication after several Crown attorneys allowed unsubstantiated claims of police […]
Does private property provide a sanctuary for drunk drivers and prevent the police from conducting sobriety checks? This issue split the Court of Appeal for Ontario (“ONCA”) in R v McColman, 2021 ONCA 382 [McColman]. On 3 February 2022, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal. Background In March 2016, […]
Should conversations that take place during family mediation remain confidential? In Association de médiation familiale du Quebec v. Bouvier, 2021 SCC 54 [Association de mediation] the Supreme Court of Canada (“SCC” or “the Court”) held that the exception to the general rule of settlement privilege can apply in the context of family mediation. An exception […]