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Archive For Entries On Grant (2008)

Friday’s Supreme Court of Canada Judgments: For Civil Libertarians, Like a Breath of Fresh Air

On Friday the Supreme Court of Canada released judgments in four eagerly awaited criminal Charter cases: R. v. Grant, 2009 SCC 32; R. v. Harrison, 2009 SCC 34; R. v. Shepherd, 2009 SCC 35; and R. v. Suberu, 2009 SCC 33.
Although much of the media coverage has focused on the results, ultimately the Court found [...]

Competing Roles; or, How Do You Solve a Problem Like the Administration of Justice?

We are coming up on one full year since the Supreme Court heard the appeals for R. v. Grant and R. v. Shepherd, which — along with R. v. Harrison (also awaiting judgment) — represent a holy triptych dealing with the admissibility of unconstitutionally obtained evidence under section 24(2) of the Charter. Grant and [...]

Section 24(2) of the Charter: A legal fiction?

In the mind of this Charter aficionado, the most significant recent development in Charter history is the Ontario Court of Appeal decision that effectively renders s. 24(2), the exclusion of unconstitutionally obtained evidence that could bring the administration of justice into disrepute provision, virtually non-existent. Just as a forenote to this discussion, let’s [...]

Organizations get intervener status in R v. Grant

Contributors at theCourt.ca have been closely following developments involving R v. Grant since it was granted leave at the SCC in June of last year. While the case is not scheduled to be heard until the end of April (and that date is merely tentative), some developments have arose in the past three weeks. Specifically, [...]

Donnohue Grant v. Her Majesty the Queen: A Springtime Rebirth of the Collins Test?

Like my friend Eric Baum, I am also in the midst of studying for my Criminal Procedure exam. Appropriately, then, we have both (rather resourcefully) grabbed hold of the opportunity to explore our understanding of the Charter’s exclusionary rule, section 24(2). The case discussed in Eric’s post, Curtis Shepherd v. Her Majesty the [...]