Introduction Criminal law is oftentimes understood as an outcome-oriented field of law, wherein procedure in the criminal justice system is ultimately aimed at achieving an outcome – guilty or not guilty. However, the procedure to obtain a conviction is just as important, if not even more significant, than the conviction itself. If procedure utilized in […]
How should criminal courts account for the existence of systemic and pervasive anti-Black racism when sentencing Black offenders? This is the question that the Nova Scotia Court of Appeal (“NSCA”) grappled with in R v Anderson, 2021 NSCA 62 [Anderson]. More specifically, the appellate court examined how evidence from ‘Impact of Race and Culture Assessments’ […]
Introduction Generally, a criminal matter in Canada can only have two outcomes: (1) an accused is found not guilty and acquitted or (2) found guilty, whereby a conviction is entered. However, in R v R.V., 2021 SCC 10 [R.V.] the Supreme Court of Canada ("SCC") clarifies what happens in a scenario where an accused is […]
Canadian law is clear that liability extends to ‘lookouts’ and ‘get-away’ drivers. For this reason, an accused cannot put forward the defence that they were not directly involved in the offence and are thereby innocent. The Supreme Court of Canada (“SCC”), however, encounters difficulties when applying the law on abetting and counselling in R v […]
Introduction The Ontario Court of Appeal [“ONCA”] opens the case of R v Morris, 2021 ONCA 680 [“Morris”] with a revolutionary admission that “it is beyond doubt that anti-Black racism […] continues to be, a reality in Canadian society, and in particular the Greater Toronto Area” (Morris, para 1). The appellate court’s powerful declaration is […]
In Canada v Loblaw Financial Holdings Inc., 2021 SCC 51 [“Loblaw”], the Supreme Court of Canada (“SCC”) examines “one of the most complex tax schemes, with hundreds of definitions, rules, and exceptions that shift regularly” (Loblaw, para 28). The vital, yet straightforward, question being decided in the appeal is “does a parent corporation conduct business […]
Winter is often stressful as many residents attempt to clear the sidewalk in front of their house or business to avoid being sued for an unsuspecting slip or fall. In 2021, the Supreme Court of Canada (“SCC”) settled an ambiguous area of law by extending tort liability to municipalities for improper snow removal. The SCC […]
In 2020, the Supreme Court of Canada expanded the common law doctrine of good faith established in Bhasin v Hrynew, 2014 SCC 71 [Bhasin], by holding that misleading silence can breach the duty to perform one's contractual obligations honestly. An account of C.M. Callow Inc v Zollinger, 2020 SCC 15 [Callow] was previously reported on by TheCourt.ca. However, this commentary will explore how […]