Tagged: section 12

A Double-Edged Sword: Bissonnette c. R.

The Court of Appeal’s (“CA”) decision in Bissonnette c. R., 2020 QCCA 1585 (“Bissonnette”), illuminated the importance of respecting Parliament’s authority to re-write legislation when a court declares a statute...

Protracted Immigration Detention and Compressed Proceedings: Habeas Corpus and Charter Claims in Brown v Canada (Public Safety)

In Brown v Canada (Public Safety), 2018 ONCA 14 [Brown], the Ontario Court of Appeal (“ONCA”) found that Alvin Brown’s rights not to be arbitrarily imprisoned or subjected to cruel and...

R v Boutilier: The Dangerous Offender Regime and the Spectre of Indeterminate Sentences

On December 21st, 2017, the Supreme Court released its decision in R v Boutilier, 2017 SCC 64 [Boutilier], which deals with a constitutional challenge to the dangerous offender scheme in...