The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial. In its ruling in R v Bharwani, 2023 ONCA 203 [Bharwani], the ONCA held that fitness to stand trial under s. 2 of the Criminal Code, RSC 1985, c C-46 […]
In R v Breault, 2023 SCC 9 [Breault], the Supreme Court of Canada (“SCC”) settled a long-running dispute regarding the flexibility of the immediacy requirement in situations where a police officer demands a breath sample to be provided “forthwith” by a suspected impaired driver (Criminal Code, RSC 1985, c C-46, s. 254(2)(b) as it appeared […]
Content Warning: The facts of this case involve the mention of serious violence and sexual assault. The Supreme Court of Canada (“SCC”) has granted leave [40956] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in R v J.W., 2023 ONCA 552 (“J.W”). The case revolves around the complex web of jurisprudence informing […]
Canada’s self-defence laws, which were recently reformed to provide greater clarity for that defence, have stirred up new uncertainty. In R v Hodgson, 2022 NUCA 9, the Court of Appeal of Nunavut (“NUCA”) overturned an acquittal of a second degree murder charge stemming from an act of self-defence based on the multiple perceived legal errors […]
In R v Downes, 2023 SCC 6 [Downes], the Supreme Court of Canada (the “SCC”, or the “Court”) clarified the nature and scope of voyeurism under s. 162(1) of the Criminal Code, RSC 1985, c C-46 [Criminal Code]. This marks the SCC’s first treatment of voyeurism since their landmark decision in R v Jarvis, 2019 […]
The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].
For many people, self-defence means a person was desperate, in a kill-or-be-killed situation, and makes a split-second choice to save their own life. After R. v. Khill, 2021 SCC 37 (“Khill”), we know that’s not quite right. An accused's role may be broad, made up of any conduct that shows whether they acted reasonably—not just […]
The Court of Appeal’s (“CA”) decision in Bissonnette c. R., 2020 QCCA 1585 (“Bissonnette”), illuminated the importance of respecting Parliament’s authority to re-write legislation when a court declares a statute unconstitutional.
In August 2012, the Federation of Quebec Maple Syrup Producers (“PPAQ”) filed a complaint with the Quebec police that 5.9 million pounds of maple syrup, valuing $17.8 million, had been stolen from a warehouse in St-Louis-de-Blanford. The sensational story garnered media coverage from all over the world, and a whole episode in Netflix’s Dirty Money […]
The concept of mindfulness involves being present in the moment and allows an individual to take into consideration their surroundings, which may play a role informing their decision making. When someone is mindful of their circumstances, especially when driving, arguably they are in much better position to achieve the best results.