R v KGK: Judicial Deliberation Time and s. 11(b) Considerations
In R v Jordan, 2016 SCC 27 [Jordan], the Supreme Court of Canada (“SCC” or “the Court”) addressed the culture of complacency towards delays in the criminal justice system. These...
Category: Charter Breaches
R v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches
When someone’s Charter rights are breached, s. 24(1) of the Charter provides that a court can issue a remedy to the individual for the breach. In criminal cases, the remedies...
R v James: When do warrants become stale?
Warrants play a key role in protecting the civil liberties of Canadians. In Hunter v. Southam, [1984] 2 SCR 145 the Supreme Court established that warrantless searches are presumptively unreasonable...
Setting the Scene: R v Le and the Importance of Context in s. 9 Analysis
Introduction Author’s Note: A previous article for TheCourt.ca analyzes the decision of the Ontario Court of Appeal, here. How we, as individuals, interpret our interactions with the police is highly...
