appellate review

APPEAL WATCH: Uneven Scrutiny and Twin Myth Safeguards – A Cry for Clarity 

Earlier in February of 2024, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of British Columbia Court of Appeal (“BCCA”) case R v Kinamore, 2023 BCCA 337 [Kinamore]. The appeal concerns the uneven scrutiny of competing evidence and the application of the s. 276 of Criminal Code, RSC 1985, c C-46 […]

R v Abdullahi: The (In)Flexibility of the Appellate Review of Jury Instructions

In R v Abdullahi, 2023 SCC 19 [Abdullahi], Canada’s highest court made a 6-1 ruling that an Ontario trial judge erred in law by insufficiently instructing the jury of the legal definition of “criminal organization” per s. 467.1(1) of the Criminal Code, RSC 1985, c C-46 [Code] or [Criminal Code]. This decision is important for […]

Econolodge v Lombard: Custody as a Question of Fact

When you park your car at a hotel or restaurant, or leave it with a valet, you might not think twice about leaving the keys behind. But can a business that holds the keys to your car be considered to exercise "care and control" over it? 3091‑5177 Québec Inc (Éconolodge Aéroport) v Lombard General Insurance […]

Let’s Talk About Lacasse, Part 2: The Implications of Lacasse for the Sentencing Process

This is the second part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]

Let’s Talk About Lacasse, Part 1: Raising the Standard for Appellate Review of Sentencing Decisions

This is the first part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]

Minority Language Schools Don’t Have to Be Perfect: NWT v Association des parents ayants droit de Yellowknife

Minority language rights were at the centre of a recent case heard by the Northwest Territories Court of Appeal ("NWTCA"), with the court ruling that equality does not mean perfect schooling conditions. The court, in Northwest Territories (Attorney General) v Association des parents ayants droit de Yellowknife, 2015 NWTCA 2, set aside a lower court […]

New Test for When an Appellate Court Can Raise a New Issue: R v Mian

In R v Mian, [2014] 2 SCR 689 [Mian], the Supreme Court of Canada ("SCC") attempted to strike a balance between two competing roles for appellate courts – of neutral arbiter and of justice-doer. In the process, the SCC set a new precedent for determining when an appellate court can raise a novel legal issue.