Category: Charter Breaches

R v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches

When someone’s Charter rights are breached, s. 24(1) of the Charter provides that a court can issue a remedy to the individual for the breach.  In criminal cases, the remedies...

Setting the Scene: R v Le and the Importance of Context in s. 9 Analysis

Introduction Author’s Note: A previous article for TheCourt.ca analyzes the decision of the Ontario Court of Appeal, here. How we, as individuals, interpret our interactions with the police is highly...