Appeal Watch: Guilt and Conviction for Lesser Included Offences

In R v Wolfe, 2022 SKCA 132 [Wolfe], the Saskatchewan Court of Appeal (“SKCA”) affirmed that part VIII.1 of the Criminal Code, RSC 1985, c C-46 [Code] grants judges the authority to order driving prohibitions for driving-related criminal negligence causing death or bodily harm. In so doing, the SKCA disagreed with the Ontario Court of […]

How Long is Too Long? SCC Interprets “Forthwith” Requirement for Breath Sample Demands

In R v Breault, 2023 SCC 9 [Breault], the Supreme Court of Canada (“SCC”) settled a long-running dispute regarding the flexibility of the immediacy requirement in situations where a police officer demands a breath sample to be provided “forthwith” by a suspected impaired driver (Criminal Code, RSC 1985, c C-46, s. 254(2)(b) as it appeared […]

R v Abdullahi: The (In)Flexibility of the Appellate Review of Jury Instructions

In R v Abdullahi, 2023 SCC 19 [Abdullahi], Canada’s highest court made a 6-1 ruling that an Ontario trial judge erred in law by insufficiently instructing the jury of the legal definition of “criminal organization” per s. 467.1(1) of the Criminal Code, RSC 1985, c C-46 [Code] or [Criminal Code]. This decision is important for […]