Appeal Watch is a new feature that profiles cases that have been recently granted or denied leave to appeal at the Supreme Court of Canada. SCC Refuses to Revisit Murder Mens Rea Standard In the years following the adoption of the Canadian Charter of Rights and Freedoms, the courts in Canada used their new-found power [...]

In early October the Supreme Court of the United Kingdom [‘UKSC’] was asked to determine whether evidence with an independent life of its own, obtained from an individual without a lawyer, is admissible in light of the respective guarantees to a fair trial and to legal advice in Articles 6(1) and 6(3) of the European [...]

Trade-mark law exists to protect consumers from confusion. Unregistered trade-marks are protected at common law and exist as soon as the mark is used, while registered trade-marks are protected under the Canadian Trade-marks Act (“the Act”) and give the brand owner a wider scope of exclusive rights than unregistered marks. Nevertheless, protection arises only when [...]

As the story goes, Mr. Salmon became involved with a 17-year-old woman, induced her to become a prostitute, and proceeded to claim the majority of her earnings. After approximately two weeks, the woman walked into a Peel Regional Police Service (PRPS) office to file her complaint. She told the officers where Mr. Salmon was staying, and [...]

A trial judge is not required to itemize every conceivable issue, argument or thought process in his or her reasons.  Trial judges are entitled to have their reasons reviewed based on what they say, not on the speculative imagination of reviewing courts.  Here, the trial judge expressly stated that he relied only on the DNA [...]

On April 8, the Supreme Court of Canada (“SCC”) decided in a 5-2 judgment that fresh evidence that could reasonably be expected to affect the result of a verdict was sufficient to order a new trial in “he said, she said” sexual assault cases.  The majority in R. v. J.A.A., 2011 SCC 17, found that [...]

A possible misstatement by a British Columbia trial judge has led to the order of a new trial in R. v. Sue, 2011 BCCA 91.  In the decision released March 2, the majority of the B.C. Court of Appeal (“BCCA”) found that the erroneous statement made by the Provincial Court’s Judge Bagnall, who said that [...]

Facts & Background: What started out as a normal night out in 2004 turned quickly into a tragedy. There was a bush party on the Penticton Indian reserve in British Columbia, and many of the partygoers were under the influence, with alcohol, marijuana and cocaine in full supply. Dustin Paul was 23 years old, high [...]

The state may withhold so-called “secret evidence” in court proceedings, even if it means an alleged criminal may walk free. In a decision which delicately balances individual liberties with the state’s obligation to protect society by preventing the disclosure of information that could pose a threat to national defence/security, the SCC  has pleased both the [...]

Fair is foul, and foul is fair: an overview The latest development in the David and Goliath saga that is The Canadian Government v. Alan N. Young is as intriguing as always, yet also somewhat disheartening. It pits Osgoode’s venerable criminal law professor in his role as Co-Founder/Director of the Innocence Project, an organization that [...]