Binding or Not? The SCC to Comment on Horizontal Stare Decisis in Appeal of R v Coban
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].
Home » Posts tagged 'jury'
jury
'Proper, but not perfect': The SCC rules on jury instructions in R v Goforth
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 […]
Deferring to the Jury in R v Waterman
Content Warning: This article includes depictions of sexual violence that may evoke strong emotions. Unique to criminal procedure in the common law system is the option to have a case tried before a jury. When an appellate court is tasked with reviewing a decision made by a jury, they must act with caution not to […]
Any Jury Inquiry Must Both Be Fair and Appear to Be Fair: R v Kum
The sanctity of the jury process must be maintained, said the Ontario Court of Appeal in a January decision. As well, an accused should not be deprived of the common law right to be tried by twelve people unless there are serious reasons for discharging jurors. In R v Kum, 2015 ONCA 36, the appellant […]
Live from the SCC: Misdirection of the Jury on Post-Offence Conduct in R v Rodgerson
On January 14, 2015, the Supreme Court of Canada (“SCC”) heard oral arguments for the case Her Majesty the Queen v Jason Rodgerson [Rodgerson] regarding: firstly, whether or not the majority of the Ontario Court of Appeal (“ONCA”) in R v Rodgerson, 2014 ONCA 366 [Rodgerson, ONCA] erred in law by finding reversible error in […]
Constructive Murder Committed on 18th Birthday: Conviction Upheld and Law Clarified in R v White
In a particularly lengthy decision, the Ontario Court of Appeal ("ONCA") dismissed the appeal of a conviction for first degree murder in R v White, 2014 ONCA 64 [White]. The appellant and two co-accused were convicted in 2009 for the tragic 2007 stabbing death of Brampton youth, Akila Badhanage. On appeal, the appellant White raised three […]
With Divided Medical Evidence in NCR Case, ONCA is Deferent to Jury: R v Downs
The not criminally responsible ("NCR") regime is currently the subject of media and public scrutiny, with the proposed reforms of Bill C-14 (formerly C-54; Not Criminally Responsible Reform Act) in the Senate. In the recent decision of R v Downs, 2014 ONCA 20 [Downs], the Ontario Court of Appeal ("ONCA") reviewed a case in which an […]
Self-Induced Provocation Is No Defence to Murder: SCC in R v Cairney, R v Pappas
In the wake of two recent Supreme Court of Canada (SCC) decisions, the partial defence of provocation has been narrowed. The SCC grappled with the legal interpretation of particularly ‘sympathetic’ moral circumstances underlying murder charges on appeal in R v Cairney, 2013 SCC 55 (Cairney), and R v Pappas, 2013 SCC 56 (Pappas). While the […]