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APPEAL WATCH: SCC to Determine the Use of Compelled Accident Statements in Korduner

The Supreme Court of Canada has granted leave to appeal the decision in R v Korduner, a split decision from the Alberta Court of Appeal that examines the extent of use immunity for statutorily compelled statements. In particular, the SCC may wish to examine whether a statement given by a motorist who has an honest and reasonably held belief that they are statutorily compelled can be used as the reasonable grounds necessary to compel an evidentiary breath test pursuant to s.320.28 of the Criminal Code.

APPEAL WATCH: JHS v the Government of Saskatchewan on Inmate Discipline Regimes

The Supreme Court of Canada (“SCC”) is set to hear an appeal out of the Court of Appeal for Saskatchewan (“SKCA”) on inmate discipline regimes in the case of John Howard Society of Saskatchewan v The Government of Saskatchewan (The Attorney General for Saskatchewan), 2022 SKCA 144 [JHS]. 

“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma

In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court"] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional […]

R. v. C.P.: s. 37(10) of the Youth Criminal Justice Act Deemed Constitutional

On May 7, 2021, the Supreme Court of Canada (“SCC” or "the Court”) released the decision of R. v. C.P., 2021 SCC 19 [C.P.]. In the decision of C.P., the Court was tasked with ruling on the constitutionality of s. 37(10) of the Youth Criminal Justice Act, S.C. 2002, c.1 [YCJA]. Facts of the Case […]

Appeal Watch: Consecutive Ineligible Parole Periods Deemed Unconstitutional in Attorney General of Quebec, et al. v. Alexandre Bissonnette

*TRIGGER WARNING: This post has descriptions of violence that may be triggering to some readers* Since the abolition of the death penalty, the highest sentence a judge can prescribe to a criminal offender is a life sentence with a 25-year parole ineligibility period. Where there are multiple murder victims, under s. 745.51 of the Criminal […]

SCC to Decide Constitutionality of New Procedure for Admitting Private Records in Sexual Offences Trials

Update: On March 25, 2021, the SCC granted leave in A.S. v Her Majesty the Queen, et al. (39516), an appeal of an Ontario Superior Court decision finding ss 278.92, 278.94(2), and 278.94(3) unconstitutional. That case will be heard alongside R v J.J.   Cross-examination can be a re-traumatizing experience for complainants in sexual offences trials—not least […]

A Double-Edged Sword: Bissonnette c. R.

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.

Re Shortt: ONCA Finds 6-Year Delay Discharging NCR Man to Appropriate Community Living Unconstitutional

In October, the Ontario Court of Appeal (“ONCA”) released its decision in Re Shortt, 2020 ONCA 651 [Shortt] requiring the Government to fund an appropriate community living placement for Mr. Shortt to end his unnecessarily prolonged stay in forensic custody. While Justice MacPherson was clear that this remedy applied only to Mr. Shortt, and that […]

Federal Court Declares the STCA Unconstitutional

In July, the Federal Court released a long-awaited decision on the constitutionality of the Safe Third Country Agreement (“STCA”). Although the Federal Court (“FC”) found the STCA to be unconstitutional, the Canadian government has already filed an appeal to the Federal Court of Appeal (“FCA”), meaning that a final verdict on whether the STCA violates […]

Cambie Surgeries v BC: A Constitutional Right to Access Private Heath Care?