Posts

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.

Flying Fair? SCC Weighs in on International Air Transportation Association v Canada

Airline passengers in Canada recently scored an important win regarding consumer protection. In International Air Transportation Association v Canada (Transportation Agency), 2024 SCC 30 [International Air], the Supreme Court of Canada (“SCC”) unanimously held that the Canada Transportation Agency’s (the “Agency”) Air Passenger Protection Regulations, SOR/2019-150 [Regulations] were valid regulations that did not violate the Convention for the Unification of Certain Rules for International Carriage by Air, 2242 UNTS 309 [Montreal Convention].

Intentions Matter: Excluding Liability for Statutorily Implied Conditions in Earthco v Pine Valley

In Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20 [Earthco], the Supreme Court of Canada (“SCC”) affirmed that common law principles of contractual interpretation apply to exclusion clauses under the Sale of Goods Act, RSO 1990, c S1 [SGA]. While “express agreement” sufficient to oust SGA liability must include an explicit statement of joint intention, it does not require precise legal terminology or “magic words” (Earthco, para 98).

APPEAL WATCH: Forfeiture Of Offence-Related Property Explored In Nguyen

The Supreme Court of Canada (“SCC”) is set to hear the appeal of Nguyen c. Director of Criminal and Penal Prosecutions, 2024 QCCA 674 [Nguyen] where the Court of Appeal of Québec (“QCCA”) overturned the decision of the Court of Québec, which held that it had jurisdiction to hear the application of the prosecution [41400].

Saskatchewan v Métis Nation: SCC on Multiple Proceedings, Duty to Consult, and Abuse of Process

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 […]

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 […]

Bell Canada Decision Finds Itemized Electricity Charges To Be A Single Supply

Bell was denied favourable goods and services tax (“GST”) treatment of its purchase of electricity, which was determined to be a single supply for the purpose of claiming input tax credits (“ITCs”) under the Excise Tax Act, RSC 1985, c E-15 [ETA]. In Bell Telephone Company of Canada v. Canada, 2025 FCA 27 [Bell Canada], The Federal Court of Appeal (“FCA”) […]

Contracts and Reconciliatory Justice: Quebec v Pekuakamiulnuatsh Takuhikan

In Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [PT], the Supreme Court of Canada (“SCC” or the “Court”) developed a test to determine when contracts between the state and Indigenous entities engage the honour of the Crown. Applying this test to tripartite agreements between Canada, Quebec, and the Pekuakamiulnuatsh First Nation, the Court found Quebec liable […]

[Appeal Watch]: R v McKee : Is Information of Police Misconduct First-Party Disclosure?

In R v McKee [41110], the Supreme Court (SCC) will decide whether a document in the possession of the Crown – containing information of police misconduct – obtained in respect of a unrelated investigation constitutes first-party disclosure automatically provided to the accused. This decision will likely turn on whether the Supreme Court adopts a narrow or broad […]