TheCourt

Texting Impersonations: SCC Weighs Digital Privacy in R v Campbell

In R v. Campbell, 2024 SCC 42 (“Campbell”), the Supreme Court of Canada (“SCC”) weighed in on whether the police had lawful authority to use the cellphone of a drug dealer without a warrant to continue a text message conversation with an alleged drug distributor. In a 6-3 split, the SCC held that while there was a violation of section 8 of the Charter and Rights and Freedoms [“Charter”], the warrantless search of Mr. Campbell was justified under the exigent circumstances exception outlined in section 11(7) of the Controlled Drugs and Substances Act (“CDSA”).

Appeal Watch: Can’t Talk to Your Head of State? SCC to rule on Unilingual Lieutenant Governors in New Brunswick in Acadian Society

In the Acadian Society of New Brunswick v The Right Honorable Prime Minister of Canada, the Supreme Court of Canada (“SCC”) will decide whether the Lieutenant-Governor of New Brunswick must be bilingual [41398].  Overturning the decision by the Court of Queen’s Bench of New Brunswick (“NBQB”), the Court of Appeal of New Brunswick (“NBCA”) ruled in the Right Honourable Prime Minister of Canada et al v. La Société de l’Acadie du Nouveau-Brunswick 2024 NBCA 70 (“SANB” ) that the appointment did not contravene the Charter's language provisions.

APPEAL WATCH: Revisiting the admissibility of similar fact evidence in R v Chizanga

The Supreme Court of Canada (“SCC”) will soon hear the appeal of R v Chizanga, 2024 ONCA 545 [Chizanga], in which it will opine on the principles of admitting evidence of prior discreditable conduct [41405].  Building upon the seminal case of R v Handy, 2002 SCC 56 [Handy] which set out the principles for the admissibility of such evidence, this appeal […]

The Taxation Trio: Fair Market Value, Statutory Interpretation, and Employee Stock Options

In Des Groseillers v Quebec (Agence du revenu), 2022 SCC 42, the Supreme Court of Canada (“SCC”) unanimously confirmed the Quebec Court of Appeal’s also-unanimous holding in Agence du revenu du Québec v Des Groseillers, 2021 QCCA 906 that employee stock options constituted taxable income. Pursuant to Article 50 of Québec’s Taxation Act (“Tax Act”), an employee who disposes of stock options […]

Live at the SCC: The SCC Goes to Winnipeg!

Judicial Biography: Justice Clément Gascon

Judicial Biography: Justice Michael J. Moldaver

Post 3/9 in TheCourt.ca's Judicial Biography Series (Fall 2019). If we were to ask what it is we expect from our criminal justice system there are four thoughts that come to mind. … First, I want a justice system that delivers quality justice in a timely and efficient fashion. … Second, I want a justice […]

One Million Potential New Voters: Frank v Canada (Attorney General)

Introduction As the country prepares for a federal election later this year, approximately one million additional citizens will have the right to cast special ballots. In Frank v Canada (Attorney General) 2019 SCC 1 [Frank], the Supreme Court of Canada ["SCC" or “the Court”] struck down provisions of the Canada Elections Act SC 2000, c […]

In Memory of Professor Simon Fodden

“Enjoy, contribute, learn, teach…” – Professor Simon Fodden, in Slaw, July 2005 It is a privilege to learn the law. To have a legal education is to inherit a robust intellectual tradition that's been shaped and molded by academics, lawyers and judges for hundreds of years. This privilege is compounded by the opportunity law presents to […]