Monthly Archive: December 2022

Binding or Not? The SCC to Comment on Horizontal Stare Decisis in Appeal of R v Coban

The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].

“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R v Sharma

In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court”] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks...

The CUPE Cause Célèbre: Provinces Spend beyond what Canada’s Constitutional Drafters Budgeted For

  Introduction On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back...