Overview: In Annapolis Group Inc v Halifax Regional Municipality, 2022 SCC 36, the Supreme Court of Canada (“SCC”) divided 5-4 over the quagmire of whether state regulation of land may create a de facto or “constructive” taking of private property. The contested property constitutes a 390-hectare block of land in Blue Mountain-Birch Cove Lakes to […]
B.J.T. v J.D., 2022 SCC 24 [B.J.T.] is a case concerning a custody dispute over a child in relation to the Child Protection Act, R.S.P.E.I. 1988, c. C-5.1 [CPA], Prince Edward Island’s child protection legislation. The story of the parties is long, complicated, and distressing, with the battle for custody of W.D., the child, between […]
We’ve all seen a classic interrogation scene in movies or on TV. The police sit an accused person down, start asking questions, and hope he doesn’t “lawyer up.” What we understand from this is simple: once you ask for a lawyer, the police can’t interrogate you without your lawyer present. And, perhaps more importantly, everyone […]
Introduction On April 24th, 2022, the Supreme Court of Canada (“SCC”) granted an application for leave in the case of Cindy Dickson v Vuntut Gwitchin First Nation, 2021 YKCA 5 [Vuntut Gwitchin First Nation]. The case decided at the Yukon Court of Appeal (“YCA”) in July 2021 is one of a few that has […]
In R v Stairs, 2022 SCC 11 [Stairs], the Supreme Court of Canada (“SCC”) attempted to balance privacy rights and law enforcement objectives. The court addressed the question of when, and under what circumstances, officers can search an arrested person’s home without a warrant. The unsettling answer is: more often than you would expect.
In R v JD, 2022 SCC 15 (“JD”), the Supreme Court of Canada interpreted s. 669.2(3) of the Criminal Code (“the provision”) for the first time. Continuation of Proceedings669.2 (3) If no adjudication madeSubject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial […]
The Supreme Court of Canada ("SCC") decided R v Brown, 2022 SCC 18 [Brown] and R v Sullivan, 2022 SCC 19 [Sullivan] together on May 13, 2022. Much attention was on the Court's decision in Brown, which declared s. 33.1 of the Criminal Code, RSC 1985, c C-46 ["the Code"] unconstitutional under s. 52(1) of […]
After more than seven months of deliberation, Justice Mahmud Jamal, writing unanimously for the Supreme Court of Canada (“SCC”), dismissed Mr. Darren Sundman’s appeal and upheld the Court of Appeal for British Columbia’s (“BCCA”) conviction for first degree murder in R v Sundman, 2022 SCC 31 [Sundman].
In British Columbia (Attorney General) v Council of Canadians with Disabilities, 2022 SCC 27 [Council of Canadians SCC], the Supreme Court of Canada (“SCC”) clarified how courts should apply the legal test for deciding whether to grant or deny public interest standing. Public interest standing is “an aspect of the law of standing” that “allows individuals […]
The Supreme Court of Canada (“SCC”) granted leave to Deans Knight Income Corporation (“Deans Knight”) on March 10th, 2022 to appeal a Federal Court of Appeal (“FCA”) decision from August 4th, 2021. The SCC will hear the appeal case, Deans Knight Income Corporation v Her Majesty the Queen, on November 2nd, 2022. The appeal concerns […]