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Life, Liberty, Security

The Ghosts of Bedford’s Past: CASWLR & the Illegality of Sex Work in Canada (Part I)

In Canadian Alliance for Sex Work Law Reform v Attorney General, 2023 ONSC 5197 (“CASWLR”), Goldstein J of the Ontario Superior Court of Justice (“OSCJ”) dismissed a Charter application challenging the constitutional validity of various sex work laws arising out of Bill C-36, also known as the Protection of Communities and Exploited Persons Act (the […]

"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 […]

R v Hilbach: SCC Holds Mandatory Minimum Sentence for Firearm Offence is Constitutional

Last year, the Supreme Court of Canada (“SCC”) heard three cases in relation to the constitutionality  of certain firearm  offences with mandatory minimums in the Criminal Code, RSC 1985, c C-46 (the “CC”). This line of cases included: R v Hills, 2023 SCC 2 [Hills], R v Hilbach, 2023 SCC 3 [Hilbach], and R v […]

“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma

In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court"] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional […]

SCC Continues to Roll Back Harper-Era Criminal Code Amendments in R. v. Ndhlovu

In its recent decision, R v Ndhlovu, 2022 SCC 38 [Ndhlovu], the Supreme Court of Canada [“SCC”] struck down two provisions of the Criminal Code, RSC 1985, c C-46 [“the Code”] relating to registration of offenders convicted of designated sexual offences in the national sex offender registry. In its 5-4 ruling, the majority held that […]

Section 33.1 of the Criminal Code declared “of no force and effect” in R v Brown

In May 2022, the Supreme Court of Canada (the “SCC” or the “Court”) released two important decisions in R v Brown, 2022 SCC 18 [Brown] and its companion case, R v Sullivan, 2022 SCC 19 [Sullivan]. This article discusses Brown. For more information on Sullivan, refer to the case comment here. In Brown, Justice Nicholas […]

Appeal Watch: Eugene Ndhlovu v. Her Majesty the Queen

On February 8th 2022, the Supreme Court of Canada (“SCC”) heard Eugene Ndhlovu v. Her Majesty the Queen, an appeal from the Alberta Court of Appeal (“ABCA”) (R v Ndhlovu, 2020 ABCA 307) [Ndhlovu].  Ndhlovu asked the Court to decide whether the Sex Offender Information Registration Act (S.C. 2004, c. 10) [SOIRA] is constitutionally valid. […]

Appeal Watch: Consecutive Ineligible Parole Periods Deemed Unconstitutional in Attorney General of Quebec, et al. v. Alexandre Bissonnette

*TRIGGER WARNING: This post has descriptions of violence that may be triggering to some readers* Since the abolition of the death penalty, the highest sentence a judge can prescribe to a criminal offender is a life sentence with a 25-year parole ineligibility period. Where there are multiple murder victims, under s. 745.51 of the Criminal […]