The Supreme Court of Canada (“SCC”) has dismissed the appeal in Saskatchewan (Environment) v Métis Nation, 2025 SCC 4 [Métis Nation]. A unanimous court found that proceedings for judicial review which raise similar issues to ongoing or past litigation do not inherently amount to an abuse of process. In doing so, the SCC has clarified the extent to […]
What gives way first — Parliament’s power to control its own process, or Parliamentarians’ right to speak freely without fear of prosecution? The Supreme Court of Canada (“SCC”) will soon grapple with this question. It has granted leave [41336] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in Alford v Canada (Attorney General), 2024 ONCA […]
The Supreme Court of Canada (“SCC”) has dismissed the appeal in R v Stevenson, 2024 SCC 41 [Stevenson], upholding a trial judge’s decision to convict based on the evidence of an unsavoury or Vetrovec witness. This case was heard by the SCC as of right from the Saskatchewan Court of Appeal (“SKCA”) 2024 SKCA 40 […]
What is the causal line between attempted murder and aiding suicide? The Supreme Court of Canada (“SCC”) will grapple with this issue as it has granted leave [41420] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in R v BF, 2024 ONCA 511 [BF]. At issue before the court will be the interplay […]
The Supreme Court of Canada (“SCC”) has granted leave [41126] to appeal the Alberta Court of Appeal’s (“ABCA”) decision in R v Sheppard, 2023 ABCA 381 [Sheppard]. The case will join R v Friesen, 2020 SCC 9 [Friesen] and R v Bertrand Marchand, 2023 SCC 26 [Bertrand Marchand] as further guidance on sentencing offenders who […]
In Canadian Frontline Nurses v Canada (Attorney General), 2024 FC 42 [CFN], the Federal Court (“FC”) considered an application for judicial review challenging the federal government’s invocation of the Emergencies Act, RSC 1985, c 22 in the wake of the 2022 Freedom Convoy protests. The FC granted the application, holding that the invocation of the […]
The Supreme Court of Canada (“SCC”) in R v Charles, 2024 SCC 29 [Charles] has clarified the approach to using corroborative evidence to establish the reliability of hearsay evidence. Moreau J, writing for the majority, allowed the appeal and ordered a new trial on the basis that an out-of-court statement by a witness at trial […]
In R v Kruk, 2024 SCC 7 [Kruk], the Supreme Court of Canada (“SCC”) rejected the “rule against common-sense assumptions,” affirming the importance and necessity of trial judges’ common-sense reasoning to their credibility assessments. This decision is significant for two reasons: (1) it sets out the narrow role that myths and stereotypes as legal errors […]