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 […]

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, […]

R v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches

Cambie Surgeries v BC: A Constitutional Right to Access Private Heath Care?

Setting the Scene: R v Le and the Importance of Context in s. 9 Analysis

R v Mills : The Limits of Privacy in the Internet Age

R v Morrison: Child Luring Provisions are Tested by the Supreme Court of Canada

Online communication platforms give people the tools to engage in meaningful and productive ways. They have also given predators the opportunity to connect with children without supervision, and the ability to groom those children for the purpose of sexual abuse. Accordingly, Parliament has criminalized telecommunications with children for the purposes of facilitating sexualized discussions or […]

Right to be Tried Within a Reasonable Time: R v KJM and Presumptive Ceilings for the Youth Justice System

How should the section 11(b) Charter right to a trial within a reasonable time be applied to the youth justice system? In R v KJM, 2018 ABCA 278 (KJM), the Alberta Court of Appeal ("ABCA") grappled with whether the presumptive 18 month ceiling for offences to be tried in provincial courts, from Jordan, applies to youth […]