In Canada (Attorney General) v Power 2024 SCC 26 [Power], the Supreme Court held that the Crown can be held liable in damages for passing legislation later deemed unconstitutional. This case turns on conflicting constitutional principles. On the one hand, the principles of parliamentary sovereignty, the separation of powers, and parliamentary privilege call for absolute […]
The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Quebec Court of Appeal (“QCCA”) on where the prescription period for the creditor’s right to seize band property was interrupted by a notice of execution. The SCC will require the parties in Mohawk Council of Kanesatake v. Sylvestre, 2023 QCCA […]
In R v Hodgson, 2024 SCC 25 [Hodgson], the Supreme Court of Canada (“SCC”) unanimously rejected the Crown’s appeal of an acquittal for second degree murder and manslaughter. The case turns on the scope of the Crown’s limited right to appeal acquittals under section 676(1)(a) of the Criminal Code, RSC 1985, c C-46 [Criminal Code]. […]
The Supreme Court of Canada (“SCC”) in R v Charles, 2024 SCC 29 [Charles] has clarified the approach to using corroborative evidence to establish the reliability of hearsay evidence. Moreau J, writing for the majority, allowed the appeal and ordered a new trial on the basis that an out-of-court statement by a witness at trial […]
The Supreme Court has recognized that habeas corpus is “the strongest tool a prisoner has to ensure that the deprivation of his or her liberty is not unlawful” (Mission Institution v Khela, 2014 SCC 24 at para 29 [Khela]). In Dorsey v Canada (Attorney General), the Court will decide [41132] whether that tool is available […]
In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge under provisions of the Bankruptcy and Insolvency Act.
Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax Court of Canada (“TCC”) or Federal Court (“FC”) is the correct jurisdiction for the appeal to be heard. This jurisdictional ambiguity has led to taxpayers concurrently commencing proceedings in both […]
In Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4 [IPC], the Supreme Court of Canada (“the SCC”) held that mandate letters issued by Premier Doug Ford to his ministers shortly after the formation of his government in 2018 are protected from disclosure. In doing so, the SCC overturned the Court of […]
In R v Kruk, 2024 SCC 7 [Kruk], the Supreme Court of Canada (“SCC”) rejected the “rule against common-sense assumptions,” affirming the importance and necessity of trial judges’ common-sense reasoning to their credibility assessments. This decision is significant for two reasons: (1) it sets out the narrow role that myths and stereotypes as legal errors […]
The Supreme Court of Canada (“SCC”) is set to review the patentability of dosage regimens for medical treatments. Last month, the SCC granted leave to appeal [41209] the Federal Court of Appeal (“FCA”) decision in Pharmascience Inc v Janssen Inc and Janssen Pharmaceutica NV, 2024 FCA 23 [FCA].