criminal defences

Who Decides What the Jury Decides? R v BF and the Air-of-Reality Threshold

On December 5, 2025, the Supreme Court of Canada released its decision in R v BF, restoring a conviction for attempted murder and rejecting the Court of Appeal for Ontario’s holding that the trial judge failed to instruct the jury sufficiently on a potential defence. In doing so, the SCC engaged with a fundamental question arising in the case: whether there was any air of reality to the theory that, rather than attempted murder, the accused was aiding a suicide attempt.

Appeal Watch: What is 'Reasonable Self-Defence'?

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 […]

Can Government Officials Rely on their Own Officially Induced Errors?

Can government officials rely on their own officially induced errors? The answer is no and for good reason. This topic was recently addressed by the Supreme Court in the case R v Bédard, 2017 SCC 4. Delivering their short judgment from the bench, the Court unanimously agreed that it would seriously undermine the defence of […]