R v Sharma: SCC to Determine whether Restrictions on Conditional Sentences Violate the Equality Rights of Indigenous Offenders
“The figures are stark and reflect what may fairly be termed a crisis.”
To Deport or Not to Deport, A Question of Reasonableness: SCC Grants Leave to Appeal to Mason v Minister of Citizenship and Immigration
On March 3, 2022, the Supreme Court of Canada (“SCC”) granted leave to appeal to Earl Mason, et al v Minister of Citizenship and Immigration, et al, SCC Case No 39855. This case is significant for being one of the first substantive appellate discussions of judicial review post-Vavilov (Canada (Minister of Citizenship and Immigration) v […]
R v Samaniego: SCC Defines Trial Management Powers in Evidentiary Rulings
“The accused was entitled to a fair trial, not an endless one,” the Supreme Court of Canada (“SCC” or “the Court”) asserted in the recent ruling, R v Samaniego, 2022 SCC 9 [Samaniego]. It is a cogent quote in defence of trial management power—a power that allows trial judges to control court processes to ensure […]
Appeal Watch: Eugene Ndhlovu v. Her Majesty the Queen
On February 8th 2022, the Supreme Court of Canada (“SCC”) heard Eugene Ndhlovu v. Her Majesty the Queen, an appeal from the Alberta Court of Appeal (“ABCA”) (R v Ndhlovu, 2020 ABCA 307) [Ndhlovu]. Ndhlovu asked the Court to decide whether the Sex Offender Information Registration Act (S.C. 2004, c. 10) [SOIRA] is constitutionally valid. […]
R v White: Defence Lawyers’ Mistakes and the Concept of Prejudice
The relationship between an accused and their defence lawyer is a crucial one; the performance of the defence lawyer can determine whether the accused is given the best defence possible during their criminal proceedings. In R v White, 2022 SCC 7 [White SCC], the Supreme Court of Canada (“SCC” or "the Court") considered whether a […]