TheCourt.ca is pleased to present this piece from John H. Currie, Associate Professor at the University of Ottawa’s Faculty of Law, commenting on Canada v. Khadr, 2008 SCC 28. Our past discussion on the 2008 Khadr decision can be found here. On May 23, 2008, the Supreme Court released a judgment addressing the applicability of [...]

The decision from the SCC in R. v. Hape, 2007 SCC 26 illustrates the dangers that lie in developing theory on a bad set of facts. The central feature of the case is that the police acted reasonably, and believed that they had warrants, in spite of the lack of documentary evidence on the point. [...]

Introduction It makes sense to begin any discussion on the applicability of the Charter with a consideration of s. 32(1), which reads: This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and [...]