No Still Means No: Clarifying the 5-4 Split in R v Kirkpatrick
At the end of July 2022, one message rang loud and clear across the country, straight from the Supreme Court: when it comes to consent, only yes means yes. It...
Tagged: Judges and courts
R v Samaniego: SCC Defines Trial Management Powers in Evidentiary Rulings
“The accused was entitled to a fair trial, not an endless one,” the Supreme Court of Canada (“SCC” or “the Court”) asserted in the recent ruling, R v Samaniego, 2022...
Breach of the Peace: ONCA Addresses Police Power to Arrest in Fleming v Ontario
Tensions can run high during political demonstrations, and police are often deployed to monitor the situation and prevent an escalating conflict. In doing so, police have a common law power...
Duty to Consult, Honour of the Crown, and Legislatures – An Unclear Way Forward for Indigenous Communities in Mikisew Cree First Nation v Canada (Governor General in Council)
The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada (“SCC”), resulting in an unclear way forward for Indigenous communities...
