The Court of Appeal for Ontario (the “ONCA”) has provided a sobering reminder about the importance of timely access to counsel. R v Whittaker, 2024 ONCA 182 [Whittaker] reinforces the notion that extended delays in accessing counsel will generally have an extensive impact on a detainee’s s. 10(b)-protected interests. In emphasizing the psychological benefits of […]
In R v Zacharias, 2023 SCC 30 [Zacharias], a divided Supreme Court of Canada (“SCC” or the “Court”) held that evidence obtained through an unlawful detention cannot be used to ground a lawful arrest. Although Zacharias set a uniform national standard on this point, the SCC was anything but uniform in addressing the issue and […]
On May 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] will hear the appeal of R. v. Zacharias, 2022 ABCA 112 [“Zacharias”]. The appeal is from the Alberta Court of Appeal [“ABCA”] and relates to alleged breaches of the accused’s rights under ss. 8 and 9 of the Canadian Charter of Rights […]
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 […]
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 […]
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 […]
We’ve all seen a classic interrogation scene in movies or on TV. The police sit an accused person down, start asking questions, and hope he doesn’t “lawyer up.” What we understand from this is simple: once you ask for a lawyer, the police can’t interrogate you without your lawyer present. And, perhaps more importantly, everyone […]
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 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 […]
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 […]