CMAC Rules Military Judges Are Not Independent or Impartial: R v Christmas
On February 2, 2023, the Supreme Court of Canada (“SCC”) granted leave to appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Christmas,...
Category: Criminal Law
Resisting Simplification: The Judicial Legacy of the Honourable Michael Moldaver
Introduction On September 1st 2022, after nearly eleven years of service, the Honourable Michael Moldaver retired from his post as Justice on the Supreme Court of Canada (“SCC”). This article...
R. c. Marchand: SCC to Consider Constitutionality of Mandatory Minimum Sentence for Child Luring
On February 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] heard the appeal in R. c. Marchand, 2021 QCCA 1285 [Marchand QCCA] concerning the constitutionality of the...
R v Clark: The Supreme Court upholds specialized jury instructions for eyewitness identification
Is eyewitness testimony subject to a special standard of jury instructions? In R v Clark, 2022 SCC 49, the Supreme Court of Canada (“SCC”) upheld the need for trial judges...
