Charter
CMAC Rules Military Judges Are Not Independent or Impartial: R v Christmas
On February 2, 2023, the Supreme Court of Canada (“SCC”) granted leave to appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Christmas, 2020 CM 3009 [Christmas]. In this case, the CMAC considers whether a military officer’s s. 11(d) Charter right “to be presumed innocent until proven guilty […]
Appeal Watch: SCC to Decide if s. 23 Minority Language Education Rights Extend to Non-Right Holders
In 2021, the Northwest Territories Court of Appeal (“NWTCA”) assessed two applications for judicial review for access to s. 23 minority language schools by families that were not prima facie entitled to s. 23 rights. On April 14, 2022, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal for A.B. v […]
Right to Counsel May be Renewed: SCC Affirms in R v Dussault
In April 2022, the Supreme Court of Canada (“SCC”) rendered a decision about a detainee’s right to counsel, pursuant to s. 10(b) of the Canadian Charter of Rights and Freedoms [Charter]. Writing unanimously for the SCC, Moldaver J. dismissed the Crown’s appeal and confirmed, in exceptional circumstances, a detainee’s right to counsel can be renewed […]
