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Archive For Entries On Criminal Law

Part I: 2015 Year in Review

2015 has been a particularly significant year for the Supreme Court of Canada (“SCC”) in a number of ways, and indeed, TheCourt.ca’s editorial staff has been kept quite busy. Part I of this year-in-review post will summarize the activity of the SCC and the comings and goings of Justices and staff. Part II will discuss […]

R v Rogers Communications: Some Guidelines for Big Brother

In R v Rogers Communications, 2016 ONSC 70 [Rogers], Justice John Sproat of the Ontario Superior Court of Justice provided some much needed guidance to police and issuing justices when handling production orders for “tower dumps.” Sought by investigators through a court order, tower dumps occur when a telecom company is compelled to provide the […]

BC Court of Appeal Upholds a Reasonable Expectation of Privacy in a Text Message: R v Pelucco

Relatively recent advances in technology and surveillance powers raise new questions about expectations of privacy that an individual may have in regards to that technology. For example, courts have held that individuals have a high expectation of privacy in their own homes, as the oft quoted line from Semayne’s Case, 77 Eng Rep 194; 5 […]

Remedying Hypothetical Charter Breaches: Lessons from R v Appulonappa

The newest member in the illustrious “class of section seven” Charter jurisprudence is R v Appulonappa, 2015 SCC 59 [Appulonappa], a recent Supreme Court of Canada (“SCC”) ruling on the constitutionality of a federal human smuggling offence. The decision is not only noteworthy for its political significance (stemming from a refugee controversy taking place several […]

Is the New NCR Defense Law Too Little, Too Late?

Murder in Shoppers Drug Mart An apparently random stabbing amid the hustle and bustle of Christmas shoppers and downtown professionals stunned the City of Toronto. Rosemarie Junor was making a quick midday stop at a Shoppers Drug Mart when she was brutally attacked by an unknown assailant who left a grave knife wound through her […]

No Clarification on Extradition: MM v United States of America

In MM v United States of America, 2015 SCC 62 [MM], both the public and the Bench were sharply divided on whether to extradite a mother, MM. The U.S. sought extradition of MM to face child abduction charges in the state of Georgia. MM’s numerous supporters see her as a mother that came to her children’s […]

New Toronto Police Initiative: Expanding Pre-charge Youth Diversion

Toronto police are set to launch a new youth diversion program that will be fully implemented by early 2016. In a recent news release, the two Toronto Police officers responsible for spearheading this program describe the benefits of pre-charge diversion in lowering youth recidivism (i.e. reoffending) rates. They also bring attention to the positive results […]

R v Lloyd: BC Court of Appeal Declines to Declare Minimum Sentencing Legislation Invalid

At issue in R v Lloyd, 2014 BCCA 224 was whether section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act, SC 1996, c 19 [CDSA] amounted to cruel and unusual punishment under section 12 of the Charter. Section 5(3)(a)(i) of the CDSA contemplates certain conditions whereby a sentencing judge must impose a mandatory minimum sentence […]

R v Moriarity: Reconfirming the Jurisdiction of Court Martial in Canada

In R v Moriarity, 2015 SCC 55 [Moriarity], the Supreme Court of Canada (“SCC”) looked at whether certain provisions of the National Defence Act, RSC 1985, c N-5 [NDA] are overbroad and contrary to section 7 of the Canadian Charter of Rights and Freedoms [Charter]. The practical consequences of the case have to do with […]

Live from the Supreme Court: Andelina Kristina Hecimovic v Her Majesty the Queen

The Supreme Court of Canada (“SCC”) has handed down another decision on dangerous driving in Andelina Kristina Hecimovic v Her Majesty the Queen. Hecimovic was charged with two counts of dangerous driving causing death. The British Columbia Supreme Court acquitted her. The BC Court of Appeal allowed an appeal from the acquittal and ordered a new trial. […]