In R v Wolfe, 2024 SCC 34 [Wolfe], a majority of the Supreme Court of Canada (“SCC”) ruled that driving prohibitions cannot be imposed upon conviction for driving-related criminal negligence. The decision closes a years-long, multi-court debate over the statutory interpretation of new driving offence provisions in the Criminal Code, RSC 1985, c C-46 [Code].
In R v Carignan [41186], the Supreme Court of Canada (“Supreme Court”) will — for the first time — interpret the scope of and relationship between ss 495(2) and 495(3) of the Criminal Code, RSC 1985, c C-46. Section 495 governs police powers to arrest without warrant. Subsections (2) and (3) of this provision have […]
Loyalty point programs demonstrate that, for GST/HST purposes, a payment can be received in its entirety as both a commercial and exempt amount. The Federal Court of Appeal (“FCA”) recently allowed an appeal brought by President’s Choice Bank (“PC Bank”) in President’s Choice Bank v Canada, 2024 FCA 135 [President’s Choice]. The decision permitted PC […]
In Ahluwalia v Ahluwalia, 2023 ONCA 476 [Ahluwalia], the Ontario Court of Appeal (“ONCA”) granted a partial appeal and reduction of damage awards in the context of a family law proceeding. Significantly, it denied the creation of the novel tort of “family violence.” In doing so, it clarified the requirements for introducing tort claims in […]
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 […]
In Canada (Attorney General) v Power 2024 SCC 26 [Power], the Supreme Court held that the Crown can be held liable in damages for passing legislation later deemed unconstitutional. This case turns on conflicting constitutional principles. On the one hand, the principles of parliamentary sovereignty, the separation of powers, and parliamentary privilege call for absolute […]
The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Quebec Court of Appeal (“QCCA”) on where the prescription period for the creditor’s right to seize band property was interrupted by a notice of execution. The SCC will require the parties in Mohawk Council of Kanesatake v. Sylvestre, 2023 QCCA […]
In R v Hodgson, 2024 SCC 25 [Hodgson], the Supreme Court of Canada (“SCC”) unanimously rejected the Crown’s appeal of an acquittal for second degree murder and manslaughter. The case turns on the scope of the Crown’s limited right to appeal acquittals under section 676(1)(a) of the Criminal Code, RSC 1985, c C-46 [Criminal Code]. […]
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 […]
The Supreme Court has recognized that habeas corpus is “the strongest tool a prisoner has to ensure that the deprivation of his or her liberty is not unlawful” (Mission Institution v Khela, 2014 SCC 24 at para 29 [Khela]). In Dorsey v Canada (Attorney General), the Court will decide [41132] whether that tool is available […]