APPEAL WATCH: SCC to Opine on Fitness to Stand Trial Test
The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial. In its ruling in R...
Tagged: Criminal Code
How Long is Too Long? SCC Interprets “Forthwith” Requirement for Breath Sample Demands
In R v Breault, 2023 SCC 9 [Breault], the Supreme Court of Canada (“SCC”) settled a long-running dispute regarding the flexibility of the immediacy requirement in situations where a police...
Appeal Watch: Sentencing Offenders with Disabilities in J.W. v His Majesty the King (Part I)
Content Warning: The facts of this case involve the mention of serious violence and sexual assault. The Supreme Court of Canada (“SCC”) has granted leave [40956] to appeal the...
Appeal Watch: What is ‘Reasonable Self-Defence’?
Canada’s self-defence laws, which were recently reformed to provide greater clarity for that defence, have stirred up new uncertainty. In R v Hodgson, 2022 NUCA 9, the Court of Appeal...
