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Archive For Entries On Charter

Strategizing in the Shadow of Precedent: Another look at Henry v British Columbia

An earlier post provided a summary of Henry v British Columbia, 2015 SCC 24 [Henry]. Unanimously overturning a decision of the British Columbia Court of Appeal (“BCCA”), the Supreme Court of Canada (“SCC”), held that the plaintiff, who was wrongfully convicted and consequently spent twenty seven years in prison for crimes he did not commit, […]

SCC Denies Charter Protection to Tax Adviser Hit with a Huge Monetary Penalty

The Supreme Court of Canada’s (“SCC”) decision in Guindon v Canada, 2015 SCC 41 [Guindon] has been eagerly awaited by lawyers in the area of taxation. It deals with a relatively new provision in the Income Tax Act, RSC 1985, c 1 (5th Supp), s. 163.2, that allows third parties, such as tax advisers or […]

Henry v British Columbia: Defending Rights, or the State?

The Sorry Tale of Mr. Henry Mr. Henry is an average person with an average life. Then one day, he is convicted of 10 sexual offences, declared a dangerous offender and sentenced to indefinite imprisonment. He spends the next 27 years in prison, writing dozens of appeals and requests, and, presumably, spending the rest of […]

R v Nur: The Battle of Two Approaches to Challenging a Mandatory Minimum Sentence Under s. 52 of the Constitution Act, 1982

At the heart of the debate surrounding mandatory minimum sentences in Canada lies the insular but simple fact that Parliament, rather than the judiciary, dictates the application of such sentences to ensure that all offenders convicted of a specific crime receive at least a minimum term of imprisonment, regardless of the circumstances which surround the […]

Police Officers Infringed Rights with Selective Searches during G20: Figueiras v Toronto (Police Services Board)

In Figueiras v Toronto (Police Services Board), 2015 ONCA 208, the scope of common law police powers were at issue in regards to their conduct with protesters during the 2010 G20 summit in Toronto. In what has been hailed a victory for G20 demonstrators, the Ontario Court of Appeal granted Mr. Figueiras’ appeal in holding […]

More on Morin and Institutional Delay: R v Williamson

The Supreme Court of Canada (“SCC”) will have an opportunity to bring some much-needed clarity to how analyses of unreasonable delay pursuant to section 11(b) of the Charter should be approached in its upcoming decisions in the appeals of both R v Williamson, 2014 ONCA 598 [Williamson], and R v Jordan, 2014 BCCA 241 [Jordan]. This piece will […]

How Long is too Long? R v Sanghera and s. 11(b) of the Charter

Pursuant to s. 11(b) of the Charter, “[a]ny person charged with an offence has the right…(b) to be tried within a reasonable time….” This case is concerned with whether or not Mr. Savdip Sanghera’s s. 11(b) Charter right was violated, and if so, whether or not such a delay was reasonable. On March 23, 2015, […]

Catching the Wolf of Bay Street: R v Shin

The Ontario Court of Appeal’s (“ONCA”) decision in R v Shin, 2015 ONCA 189, upheld a drug trafficking conviction that followed from an extensive police investigation in the Greater Toronto Area (“GTA”). Brian Shin was arrested after he entered a stash house where police were waiting for him. Although the arrest violated Shin’s Charter rights, […]

High School Students Successfully Challenge Mandatory Breathalyser for Prom Attendees under the Charter

In Simon Gillies et al v Toronto District School Board, 2015 ONSC 1038, Justice Himel of the Superior Court of Ontario held that a mandatory breathalyser test for high school prom attendees violated section 8 of the Charter. This case applied the Charter in an interesting context and led to a win for the high […]

Loyola v Quebec, Part I – the Majority: Water in Loyola’s Wine

This is the first part of a two-part comment on the Supreme Court of Canada (“SCC”) decision in Loyola High School v Quebec (Attorney General), 2015 SCC 12 [Loyola]. It will summarize the majority opinion of Justice Abella. Unlike the concurring opinion of Chief Justice McLachlin, which will be set out in Part II, Abella […]