In a rare unanimous judgement, the Supreme Court of Canada (“SCC”) has ruled in R v Haevischer, 2023 SCC 11 (Haevischer) that only “manifestly frivolous” applications can be summarily dismissed in the criminal law context. The decision is significant for two reasons: (1) it arises out of the notorious “Surrey Six” case; and (2) it […]
Introduction The two presidents of a Québec-based insurance group betrayed an atmosphere of trust with the majority shareholders. In Ponce v Société d’investissements Rhéaume ltée, 2023 SCC 25 [Ponce] the Supreme Court of Canada (“SCC”) showcased Québec’s requirement for courts to consider the spirit of contractual business relationships in deciding if a legal remedy is […]
The Ontario Court of Appeal (the “ONCA”) has provided fresh guidance on the applicable standard of review for a lower court’s interpretation of a standard form contract. Ontario Securities Commission v Bridging Finance Inc., 2023 ONCA 769 [Bridging] sheds light on the question of whether a standard form contract must have precedential value for an […]
In R v Hanan, 2023 SCC 12 [Hanan], the Supreme Court (“SCC”) found that transitional exceptional circumstances did not excuse an excess delay of proceedings under s 11(b) of the Canadian Charter of Rights and Freedoms [Charter]. Facts On December 23, 2015, the accused was charged with first degree murder, attempted murder, and firearms-related […]
In Deans Knight Income Corp. v Canada, 2023 SCC 16, (“Deans Knight”) the Supreme Court of Canada (“SCC” or “the Court”) dismissed the taxpayer’s appeal, holding that the General Anti-Avoidance Rule (“GAAR”) under s. 245 of the Income Tax Act, RSC 1985, c 1 (5th supp) (“ITA” or “the Act"), applied to a series of […]
In Takuhikan c Procureur général du Québec, 2022 QCCA 1699, [Takuhikan], the Court of Appeal of Québec (“QCCA”) held that the governments of Canada and Québec breached their honour of the Crown obligations to a First Nation by knowingly underfunding the latter’s Indigenous police service and refusing to fund it to the same level as […]
Section 259(1)(a) of the Criminal Code of Canada [Code] imposes a mandatory minimum; at sentencing, judges must apply a driving prohibition of at least twelve months for offenders convicted of impaired driving pursuant to this provision. Interpretation of the interaction between three provisions implies that pre-sentence driving prohibitions cannot be credited toward that minimum. The […]
In La Presse inc v Quebec, 2023 SCC 22 [La Presse], the Supreme Court of Canada (“SCC”) determined that publication bans established in s 648(1) of the Criminal Code, RSC 1985 c C-46 (“Code”) apply automatically to judgements rendered prior to jury empanelment.
On November 9, 2023 the Supreme Court of Canada (the “SCC”, or the “Court”) granted the Attorney General of Ontario's application for leave to appeal [40725] from Working Families Coalition (Canada) Inc. v. Ontario (Attorney General), 2023 ONCA 139 [WFC ONCA]. This case will provide the SCC with its first opportunity in almost two decades […]
Last month, in Reference re Impact Assessment Act, 2023 SCC 23 [“IAA Reference”], the Supreme Court of Canada (the “Court” or “SCC”) held that the bulk of the federal Impact Assessment Act, S.C. 2019, c. 28, s. 1 (the “Act” or the “IAA”) is unconstitutional because it exceeded the powers allocated to Parliament under s. […]