What happens to the accused when a jury is incorrectly advised, leading to the accused’s conviction? The Supreme Court of Canada (“SCC”) addresses this question in R v Riley, 2020 SCC 31 [Riley] by reaffirming the dissenting judge's reasons at the Nova Scotia Court of Appeal assessing the Vetrovec instruction and its significance within the […]
How are courts to deal with instances where solicitor-client privilege and the right to full answer and defence – both principles of fundamental justice, protected under section 7 of the Charter – come into conflict? More specifically, can solicitor-client privilege between the Crown and police be abrogated in a criminal proceeding, so that the accused […]
Among the more controversial areas of Canadian evidence law are confessions obtained through “Mr. Big” operations. This unique investigative tactic involves the creation of an elaborate but fictitious criminal organization that recruits the suspect of a cold case to join its ranks. Over the course of several “scenarios,” the participating undercover police officers engage the […]