When the police investigate crime over the internet, they do so on a tightrope, perilously close to tumbling into privacy violation, random virtue testing, or worst of all, entrapment. At the end of 2022, in four related appeals, the Supreme Court of Canada considered these dangers and the validity of internet-based sting operations. The bulk […]
In R v JJ (2022 SCC 28) (“JJ”), the Supreme Court of Canada (“SCC”) considered the scope and legality of Bill C-51, which attempts to remove some of the hurdles that prevent victims of sexual assault (hereinafter referred to as “complainants”) from coming forward. The Bill was enacted in 2018, as An Act to amend […]
Should the police be allowed to conduct interviews without warning people that what they said could be used against them in court? In a landmark and controversial decision (R v Tessier, 2022 SCC 35), the Supreme Court engaged in a deep analysis and modification of the common-law confessions rule.
In R v Goforth, 2022 SCC 25 [Goforth], the Supreme Court of Canada (“SCC”) reiterated its support for the general legal principle that a trial judge’s instructions to the jury must properly convey the meaning of the charge, even if imperfect in form. The SCC reinforced the principle that substance comes before form when it […]
In R v JD, 2022 SCC 15 (“JD”), the Supreme Court of Canada interpreted s. 669.2(3) of the Criminal Code (“the provision”) for the first time. Continuation of Proceedings669.2 (3) If no adjudication madeSubject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial […]
At the end of July 2022, one message rang loud and clear across the country, straight from the Supreme Court: when it comes to consent, only yes means yes. It was far from the first time that the SCC had said this or something like it. But this time, when the SCC released its decision […]
Introduction The Ontario Court of Appeal [“ONCA”] opens the case of R v Morris, 2021 ONCA 680 [“Morris”] with a revolutionary admission that “it is beyond doubt that anti-Black racism […] continues to be, a reality in Canadian society, and in particular the Greater Toronto Area” (Morris, para 1). The appellate court’s powerful declaration is […]
It's no secret that Canada’s bail system is (still) broken.
The Supreme Court of Canada (“SCC”) or (“the Court”) released their decision on R. v. Thanabalasingham 2020 SCC 18 [Thanabalasingham] on July 17, 2020. This case has been consistent with the Court’s trend towards discouraging prolonged institutional delays.
If an individual is hit in the head with a baseball bat and subsequently shoots and kills his attacker, were they acting in self-defence? What if the individual fired four shots in less than five seconds and did not know his attacker was running away? The Ontario Court of Appeal (“ONCA”) recently considered these facts […]