R v Basque: Strange Statutory Interpretation
Section 259(1)(a) of the Criminal Code of Canada [Code] imposes a mandatory minimum; at sentencing, judges must apply a driving prohibition of at least twelve months for offenders convicted of...
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Publication Bans and Juries: La Presse inc v Quebec
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...
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APPEAL WATCH: Third Party Political Ad Spending Returns to the SCC Docket
On November 9, 2023 the Supreme Court of Canada (the “SCC”, or the “Court”) granted the Attorney General of Ontario’s application for leave to appeal [40725] from Working Families Coalition...
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Unconstitutional in Part: Reference re Impact Assessment Act
Last month, in Reference re Impact Assessment Act, 2023 SCC 23 [“IAA Reference”], the Supreme Court of Canada (the “Court” or “SCC”) held that the bulk of the federal Impact...
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Appeal Watch: Is a closing window to address a future safety risk urgent? R v Campbell
The Ontario Court of Appeal (“ONCA”) applied the rapidly developing law surrounding the expectation of privacy in cell phones and police operations in R v Campbell, 2022 ONCA 666 [Campbell,...
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Enforcing Informal Domestic Contracts: Anderson v Anderson
In Anderson v Anderson, 2023 SCC 13 [Anderson], the Supreme Court of Canada (“SCC”) clarified the approach to considering non-presumptively enforceable domestic contracts. In partially departing from the Saskatchewan Court...
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Confessions, Confidentiality and Consent: Re-Visiting Therapist-Client Privilege in R v Chatillon
Content Warning: The facts of the case involve the mention of child sexual abuse. In R v Chatillon, 2023 SCC 7 [Chatillon], the Supreme Court of Canada (“SCC”) delivered...
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Fresh Start or False Start: Seeking Uniformity in Piekut v Canada
In April, the Court of Appeal for British Columbia (the “BCCA”) provided its reasons in Piekut v Canada (Minister of National Revenue), 2023 BCCA 181 [Piekut]. The decision added another...
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Valid and Operative Division of Powers: Murray‑Hall v Quebec (Attorney General)
In Murray‑Hall v Quebec (Attorney General), 2023 SCC 10 [Murray-Hall], a unanimous Supreme Court of Canada (“SCC”) held that Quebec legislation prohibiting possession of cannabis plants for personal cultivation or...
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“Saved by the Valve:” Analysis and Takeaways from Canadian Council for Refugees v Canada
To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17, see the first installment of this post here. In this follow-up...
R v Basque: Strange Statutory Interpretation
Section 259(1)(a) of the Criminal Code of Canada [Code] imposes a mandatory minimum; at sentencing, judges must apply a driving prohibition of at least twelve months for offenders convicted of...
Publication Bans and Juries: La Presse inc v Quebec
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...
APPEAL WATCH: Third Party Political Ad Spending Returns to the SCC Docket
On November 9, 2023 the Supreme Court of Canada (the “SCC”, or the “Court”) granted the Attorney General of Ontario’s application for leave to appeal [40725] from Working Families Coalition...
Unconstitutional in Part: Reference re Impact Assessment Act
Last month, in Reference re Impact Assessment Act, 2023 SCC 23 [“IAA Reference”], the Supreme Court of Canada (the “Court” or “SCC”) held that the bulk of the federal Impact...
