Tagged: section 12

R v Hilbach: SCC to Hear Constitutional Challenge to Mandatory Minimum Sentence for Firearm Offence

This month, the Supreme Court of Canada (“SCC”) granted leave to appeal from a decision of the Alberta Court of Appeal (“ABCA”), which found that the mandatory minimum sentences for...

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...