Charter breach
R v Hilbach: SCC Holds Mandatory Minimum Sentence for Firearm Offence is Constitutional
Last year, the Supreme Court of Canada (“SCC”) heard three cases in relation to the constitutionality of certain firearm offences with mandatory minimums in the Criminal Code, RSC 1985, c C-46 (the “CC”). This line of cases included: R v Hills, 2023 SCC 2 [Hills], R v Hilbach, 2023 SCC 3 [Hilbach], and R v […]
Reasonable Expectation of Privacy in IP Addresses? SCC to Decide R v Bykovets
There have been a number of landmark cases where the Supreme Court of Canada ("SCC") considered and provided guidance on "the limits on informational privacy in the digital age" (Bykovets, para 1). In particular, in R v Spencer, 2014 SCC 43 [Spencer], the SCC established that police must obtain judicial authorization through a search warrant […]
R. v. Tim: SCC Upholds Convictions Despite Unconstitutional Search
In R v Tim, 2022 SCC 12 [Tim], the Supreme Court of Canada (“SCC” or “the Court”) affirmed convictions for drug and firearm offences despite the initial arrest having been made by a police officer who mistakenly identified the prescription drug gabapentin as a controlled substance. The dissent would have acquitted the accused, finding that […]
Ontario Appeals Court Ruling Against Mandatory Math Tests For Teachers
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.
Applying the Charter to State Actors Abroad: SCC Grants Leave in Corporal C.R. McGregor v Her Majesty the Queen
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 […]
Against Unfounding: Sexual Assault Investigation & A Proposed Class Action Against Police
This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in gender-based discrimination contrary to Charter section 15 for relying on stereotypes about gender and sexual assault complainants while investigating her case, resulting in her claim […]