Editor’s Note: The author’s analysis of Renvoi à la Cour d'appel du Québec relatif à la Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis, 2022 QCCA 185 [QCCA Reference] is based on an unofficial English translation of the opinion of the Quebec Court of Appeal (“QCCA” […]
Despite the uncertainties brought on by 2022, the Supreme Court of Canada (“SCC” or “the Court”) concluded another noteworthy year. The Court began to slowly welcome back members of the public on a limited in-person basis after two long years of virtual hearings. Additionally, notwithstanding global disruptions like the war in Ukraine or the internal […]
“The accused was entitled to a fair trial, not an endless one,” the Supreme Court of Canada (“SCC” or “the Court”) asserted in the recent ruling, R v Samaniego, 2022 SCC 9 [Samaniego]. It is a cogent quote in defence of trial management power—a power that allows trial judges to control court processes to ensure […]
The Supreme Court of Canada (“SCC”) made important strides in determining the scope of immunity for Crown prosecutors when dealing with third party interests. In Ontario (Attorney General) v Clark, 2021 SCC 18 [Clark], the SCC faced the claims of three police officers who sought vindication after several Crown attorneys allowed unsubstantiated claims of police […]
Ontario Teacher Candidates’ Council v The Queen, 2021 ONSC 7386 [Ontario Teachers] has made headlines as Premier Doug Ford’s provincial government continues their education reform plan—this time, to the detriment of teacher aspirants.
The Supreme Court of Canada (“SCC”) will revisit the applications of several unsuccessful refugee claimants when it hears Canadian Council for Refugees, et al. v Minister of Citizenship and Immigration, et al, SCC 39749. In doing so, they could make a powerful statement about Canada’s perception of the United States (“U.S.”) as a safe country […]
The Supreme Court (“SCC”) will hear F v N SCC 39875 [“F v N”] in March 2022. In this decision, the SCC will address the proper application and interpretation of ss. 23 and 40 of the Children’s Law Reform Act, RSO 1990 c C 12 (“the CLRA”) as well as the“best interests of the child” […]
In R v Parranto, 2021 SCC 46 [Parranto], the Supreme Court (“the Court”) weighed in on the criminal sentences of two drug traffickers in Alberta. In the process, they made powerful statements about individualized sentences, the power of provincial appeal courts and the future of criminal sentencing.
The Supreme Court of Canada (“SCC”) will refine its jurisprudence on extraterritorial applications of the Canadian Charter of Rights and Freedoms [the Charter] when it hears Corporal C.R. McGregor v Her Majesty the Queen (SCC 39543). The bench is also expected to explore the s. 8 Charter right to be secure against unreasonable search or […]
In 1929, the creation of electrical power for Winnipeg, Manitoba resulted in the destruction of land, livelihood and community for a nearby Indigenous group. Nearly a century later, this government decision was the subject of a Supreme Court of Canada ruling. In Southwind v Canada, 2021 SCC 28 [Southwind], the question of equitable compensation — […]