In Ontario (Attorney General) v Ontario (Information and Privacy Commissioner), 2024 SCC 4 [Ontario], the Supreme Court of Canada (“SCC” or the “Court”) held that the executive branch of the Ontario government was not required to disclose mandate letters sent to Cabinet Ministers because of society’s overriding interest in preserving Cabinet secrecy. The Court struck […]
The Court of Appeal for Ontario (the “ONCA”) has provided a sobering reminder about the importance of timely access to counsel. R v Whittaker, 2024 ONCA 182 [Whittaker] reinforces the notion that extended delays in accessing counsel will generally have an extensive impact on a detainee’s s. 10(b)-protected interests. In emphasizing the psychological benefits of […]
In Yatar v TD Insurance Meloche Monnex, 2004 SCC 8 [Yatar], the Supreme Court of Canada (“SCC”) unanimously ruled that the existence of a statutory right of appeal does not preclude individuals from seeking judicial review for questions not covered by the appeal. Specifically, where the appeal right is restricted to questions of law, judicial […]
The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Saskatchewan Court of Appeal (“SKCA”) on a decades-long Métis land claim proceeding through a judicial review application in the case of Métis Nation – Saskatchewan v Saskatchewan (Environment), 2023 SKCA 35 [MNS].
In R v Bykovets, 2024 SCC 6, the Supreme Court of Canada (“SCC”) decided that Canadians have a reasonable expectation of privacy in their Internet Protocol (“IP”) addresses. As a result, law enforcement and investigative agencies will require judicial authorization to compel disclosure of IP addresses, or else be found to breach section 8 of […]
In Canadian Broadcasting Corp. v Manitoba, 2023 SCC 27 [CBC v Manitoba], the Supreme Court of Canada (“SCC” or “the Court”) unanimously dismissed from the bench an appeal from the Canadian Broadcasting Corporation (“CBC”) to set aside a publication ban.
For an overview of the judicial history of this case, please see the first installment of this contribution. In this second contribution, I focus on the two underlying legal questions before the SCC.
Content Warning: The facts of this case involve the mention of serious violence and sexual assault. The Supreme Court of Canada (“SCC”) has granted leave [40956] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in R v J.W., 2023 ONCA 552 (“J.W”). The case revolves around the complex web of jurisprudence informing […]
On February 22, 2024, the Supreme Court of Canada (“SCC”, or the “Court”) granted the Crown’s application for leave to appeal [40990] R v Wilson, 2023 SKCA 106 [Wilson]. The SCC’s decision will set a national standard regarding the limits of police powers to arrest and search a person who reports or remains at the […]