"Plainly Wrong" Not An Acceptable Standard to Justify Departure from Precedent: SCC in R. v. Sullivan
The Supreme Court of Canada ("SCC") decided R v Brown, 2022 SCC 18 [Brown] and R v Sullivan, 2022 SCC 19 [Sullivan] together on May 13, 2022. Much attention was on the Court's decision in Brown, which declared s. 33.1 of the Criminal Code, RSC 1985, c C-46 ["the Code"] unconstitutional under s. 52(1) of […]