"Saved by the Valve:" Analysis and Takeaways from Canadian Council for Refugees v Canada

To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 ("CCR"), see the first installment of this post here. In this follow-up article, I discuss my main takeaways from the Court's decision in CCR. As I agree with Kasirer J.'s well reasoned decision, I focus my […]

"Saved by the Valve:" Refugees and Concerns with the Safe Third Country Agreement

In Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 [CCR], the Supreme Court of Canada (the “Court” or “SCC”) unanimously confirmed the designation of the United States (“U.S.”) as a "safe third country" and appropriate partner with which Canada can share responsibility for considering refugee claims. The Court also took time […]

PM Trudeau Appoints the Honourable Mary Moreau to the SCC

Roughly four months after Brown J.’s resignation from the Supreme Court of Canada (“SCC”), Prime Minister Trudeau has announced his appointment of the Honourable Mary Moreau to Canada’s highest court.

Hansman v Neufeld: Speech Promoting Equality is More Equal

The Supreme Court of Canada (“the Court”) has recognized that expression promoting equality by countering harmful speech is worthy of heightened protection because of its relation to Canadian Charter of Rights and Freedoms [Charter] s. 15(1) values, which bring it closer to the core values animating s. 2(b). 

The Scope of the Role of Amicus Curiae : R v Kahsai  

In R v Kahsai, 2023 SCC 20 [Kahsai],  the Supreme Court of Canada (“SCC”) clarified the scope of the role of an amicus curiae in criminal trials. The Court unanimously ruled that the functions of an amicus are limited by their fundamental role as a friend of the court and the accused’s constitutional rights.

Inherently Safe Places: Making Room for Sexual Integrity in R v Downes

In R v Downes, 2023 SCC 6 [Downes], the Supreme Court of Canada (the “SCC”, or the “Court”) clarified the nature and scope of voyeurism under s. 162(1) of the Criminal Code, RSC 1985, c C-46 [Criminal Code]. This marks the SCC’s first treatment of voyeurism since their landmark decision in R v Jarvis, 2019 […]

​​Reasonably Robust Reasonableness: Mason v Canada (Citizenship and Immigration)

At issue in Mason v Canada (Citizenship and Immigration), 2023 SCC 21 [Mason] was whether “acts of violence” in s. 34(1)(e) of the Immigration Refugee and Protection Act, SC 2001, c 27 [IRPA] requires a nexus to national security, or relates only to violence broadly, in order to find a permanent resident or foreign national […]