2015 has been a particularly significant year for the Supreme Court of Canada (“SCC”) in a number of ways, and indeed, TheCourt.ca’s editorial staff has been kept quite busy. Part I of this year-in-review post will summarize the activity of the SCC and the comings and goings of Justices and staff. Part II will discuss […]
2015 has been a particularly significant year for the Supreme Court of Canada (“SCC”) in a number of ways, and indeed, TheCourt.ca’s editorial staff has been kept quite busy. Part I of this year-in-review post will summarize the activity of the SCC and the comings and goings of Justices and staff. Part II will discuss […]
On February 6, 2015, the Supreme Court of Canada (“SCC”) handed down its decision in Carter v Canada (Attorney General), [2015] 1 SCR 331 [Carter] – a historic ruling wherein the criminal prohibition on physician assisted suicide was declared unconstitutional, inconsistent with section 7 of the Charter. The declaration of invalidity was suspended by one […]
The Supreme Court of Canada (“SCC”) has handed down another decision on dangerous driving in Andelina Kristina Hecimovic v Her Majesty the Queen. Hecimovic was charged with two counts of dangerous driving causing death. The British Columbia Supreme Court acquitted her. The BC Court of Appeal allowed an appeal from the acquittal and ordered a new trial. […]
On November 9, 2015, in assessing the scope of the prohibition on bestiality under s. 160 of the Criminal Code, RSC 1985, c C-46 in Her Majesty the Queen v DLW, the Supreme Court of Canada was asked, for what is believed to be the first time in Canadian history, to consider a piece of legislation […]
By now we have all heard the story of three children and their grandfather killed in a car accident in Vaughan, ON on September 27th due to the actions of an alleged drunk driver. The heart wrenching public statements made by a father who must bury all of his children and a mother who lost both […]
The Supreme Court of Canada (“SCC”) has handed down a decision on Steven Michael Neville v The Queen, a criminal right of appeal case that centred around the jury’s question of whether “to kill” was the same as “to murder.” The trial judge’s instructions left the answer to this question unclear, leading to concerns that […]
The Metis and non-status Indians of Canada have fallen through the cracks of this country. Yesterday, the Supreme Court of Canada livestreamed their hearing of Harry Daniels v The Queen [Daniels], a case that may bring some relief to Canada’s “forgotten people” (in the words of Ian Cowie, one of the appellants’ witnesses). Daniels has […]
Today marks Justice Russell Brown's official welcoming ceremony (you can watch the ceremony online here), and yet, I highly doubt Justice Brown feels welcome. His appointment has caused a flurry—no, a torrent—of public disapproval, online frustration on the politicization of the judiciary, and think-pieces on the demise of the Supreme Court of Canada ("SCC"). Some […]
A New Hurdle To Protecting Our Children? A Perspective from the Toronto Police Internet Child Exploitation Unit Last year, TheCourt.ca published two key articles about the Supreme Court of Canada’s landmark ruling on Internet privacy. See Jordan Casey’s summary here and Stuart Wood’s analysis here. After its release, R v Spencer, [2014] 2 SCR 212 [Spencer] […]