In La Presse inc v Quebec, 2023 SCC 22 [La Presse], the Supreme Court of Canada (“SCC”) determined that publication bans established in s 648(1) of the Criminal Code, RSC 1985 c C-46 (“Code”) apply automatically to judgements rendered prior to jury empanelment.
The Ontario Court of Appeal (“ONCA”) applied the rapidly developing law surrounding the expectation of privacy in cell phones and police operations in R v Campbell, 2022 ONCA 666 [Campbell, ONCA]. The ONCA affirmed that people have a reasonable expectation of privacy in their text messages when the police legally seize any cell phone containing […]
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.
Introduction On September 1st 2022, after nearly eleven years of service, the Honourable Michael Moldaver retired from his post as Justice on the Supreme Court of Canada (“SCC”). This article will take a look at the illustrious career of Justice Moldaver, including his most noteworthy contributions to the SCC’s jurisprudence, while also applying a critical […]
On January 12, 2023, the Supreme Court of Canada (“SCC”) granted a leave to appeal on a linguistic rights case appealed from the British Columbia Court of Appeal (“BCCA”), R v Tayo Tompouba, 2022 BCCA 117 [Tayo]. In this case, Mr. Franck Yvan Tayo Tompouba, the accused, appealed a conviction for sexual assault on the […]
In R v Tim, 2022 SCC 12 [Tim], the Supreme Court of Canada (“SCC” or “the Court”) affirmed convictions for drug and firearm offences despite the initial arrest having been made by a police officer who mistakenly identified the prescription drug gabapentin as a controlled substance. The dissent would have acquitted the accused, finding that […]
When the police investigate crime over the internet, they do so on a tightrope, perilously close to tumbling into privacy violation, random virtue testing, or worst of all, entrapment. At the end of 2022, in four related appeals, the Supreme Court of Canada considered these dangers and the validity of internet-based sting operations. The bulk […]
In R v JJ (2022 SCC 28) (“JJ”), the Supreme Court of Canada (“SCC”) considered the scope and legality of Bill C-51, which attempts to remove some of the hurdles that prevent victims of sexual assault (hereinafter referred to as “complainants”) from coming forward. The Bill was enacted in 2018, as An Act to amend […]
The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].
Should the police be allowed to conduct interviews without warning people that what they said could be used against them in court? In a landmark and controversial decision (R v Tessier, 2022 SCC 35), the Supreme Court engaged in a deep analysis and modification of the common-law confessions rule.