In R v Hodgson, 2024 SCC 25 [Hodgson], the Supreme Court of Canada (“SCC”) unanimously rejected the Crown’s appeal of an acquittal for second degree murder and manslaughter. The case turns on the scope of the Crown’s limited right to appeal acquittals under section 676(1)(a) of the Criminal Code, RSC 1985, c C-46 [Criminal Code]. […]
In R v Kruk, 2024 SCC 7 [Kruk], the Supreme Court of Canada (“SCC”) rejected the “rule against common-sense assumptions,” affirming the importance and necessity of trial judges’ common-sense reasoning to their credibility assessments. This decision is significant for two reasons: (1) it sets out the narrow role that myths and stereotypes as legal errors […]
Earlier in February of 2024, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of British Columbia Court of Appeal (“BCCA”) case R v Kinamore, 2023 BCCA 337 [Kinamore]. The appeal concerns the uneven scrutiny of competing evidence and the application of the s. 276 of Criminal Code, RSC 1985, c C-46 […]
The Federal Court of Appeal (the “FCA”) resolved an “unusual question” about the Federal Court’s jurisdiction to raise a substantive question not raised by the parties in the context of an urgent motion for judicial review. In Canada (Public Safety and Emergency Preparedness) v Ewen, 2023 FCA 225 [Ewen], the FCA considered the unprompted decision […]
In a rare unanimous judgement, the Supreme Court of Canada (“SCC”) has ruled in R v Haevischer, 2023 SCC 11 (Haevischer) that only “manifestly frivolous” applications can be summarily dismissed in the criminal law context. The decision is significant for two reasons: (1) it arises out of the notorious “Surrey Six” case; and (2) it […]
In La Presse inc v Quebec, 2023 SCC 22 [La Presse], the Supreme Court of Canada (“SCC”) determined that publication bans established in s 648(1) of the Criminal Code, RSC 1985 c C-46 (“Code”) apply automatically to judgements rendered prior to jury empanelment.
Roughly four months after Brown J.’s resignation from the Supreme Court of Canada (“SCC”), Prime Minister Trudeau has announced his appointment of the Honourable Mary Moreau to Canada’s highest court.
In R v Kahsai, 2023 SCC 20 [Kahsai], the Supreme Court of Canada (“SCC”) clarified the scope of the role of an amicus curiae in criminal trials. The Court unanimously ruled that the functions of an amicus are limited by their fundamental role as a friend of the court and the accused’s constitutional rights.
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 […]
Introduction On September 1st 2022, after nearly eleven years of service, the Honourable Michael Moldaver retired from his post as Justice on the Supreme Court of Canada (“SCC”). This article will take a look at the illustrious career of Justice Moldaver, including his most noteworthy contributions to the SCC’s jurisprudence, while also applying a critical […]