Charter

Texting Impersonations: SCC Weighs Digital Privacy in R v Campbell

In R v. Campbell, 2024 SCC 42 (“Campbell”), the Supreme Court of Canada (“SCC”) weighed in on whether the police had lawful authority to use the cellphone of a drug dealer without a warrant to continue a text message conversation with an alleged drug distributor. In a 6-3 split, the SCC held that while there was a violation of section 8 of the Charter and Rights and Freedoms [“Charter”], the warrantless search of Mr. Campbell was justified under the exigent circumstances exception outlined in section 11(7) of the Controlled Drugs and Substances Act (“CDSA”).

Appeal Watch: Can’t Talk to Your Head of State? SCC to rule on Unilingual Lieutenant Governors in New Brunswick in Acadian Society

In the Acadian Society of New Brunswick v The Right Honorable Prime Minister of Canada, the Supreme Court of Canada (“SCC”) will decide whether the Lieutenant-Governor of New Brunswick must be bilingual [41398].  Overturning the decision by the Court of Queen’s Bench of New Brunswick (“NBQB”), the Court of Appeal of New Brunswick (“NBCA”) ruled in the Right Honourable Prime Minister of Canada et al v. La Société de l’Acadie du Nouveau-Brunswick 2024 NBCA 70 (“SANB” ) that the appointment did not contravene the Charter's language provisions.

The Clashing of Wage Restraint Legislation with s. 2(d) Collective Bargaining Rights

In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court finding that Ontario’s Bill 124 (“the Bill” or “the Act”)- which places a cap on wages in the public sector–is unconstitutional in its application to […]

APPEAL WATCH: Third Party Political Ad Spending Returns to the SCC Docket

On November 9, 2023 the Supreme Court of Canada (the “SCC”, or the “Court”) granted the Attorney General of Ontario's application for leave to appeal [40725] from Working Families Coalition (Canada) Inc. v. Ontario (Attorney General), 2023 ONCA 139 [WFC ONCA]. This case will provide the SCC with its first opportunity in almost two decades […]

"Saved by the Valve:" Analysis and Takeaways from Canadian Council for Refugees v Canada

To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 ("CCR"), see the first installment of this post here. In this follow-up article, I discuss my main takeaways from the Court's decision in CCR. As I agree with Kasirer J.'s well reasoned decision, I focus my […]

"Saved by the Valve:" Refugees and Concerns with the Safe Third Country Agreement

In Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 [CCR], the Supreme Court of Canada (the “Court” or “SCC”) unanimously confirmed the designation of the United States (“U.S.”) as a "safe third country" and appropriate partner with which Canada can share responsibility for considering refugee claims. The Court also took time […]

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 […]

Parliament Must Leave Door Open for Offender Rehabilitation: SCC in R. v. Bissonnette

On May 27, 2022, the Supreme Court of Canada (“SCC”) decided R. v. Bissonnette, 2022 SCC 23 [Bissonnette], in which the Court considered the constitutional status of s. 745.51 of the Criminal Code, RSC 1985, c C-46 [“Code”]. In Canadian criminal law, an offender convicted of first-degree murder automatically receives a sentence of life imprisonment, […]