Category: Charter Breaches

SCC Continues to Roll Back Harper-Era Criminal Code Amendments in R v Ndhlovu

In its recent decision, R v Ndhlovu, 2022 SCC 38 [Ndhlovu], the Supreme Court of Canada [“SCC”] struck down two provisions of the Criminal Code, RSC 1985, c C-46 [“the...

Section 33.1 of the Criminal Code declared “of no force and effect” in R v Brown

In May 2022, the Supreme Court of Canada (the “SCC” or the “Court”) released two important decisions in R v Brown, 2022 SCC 18 [Brown] and its companion case, R...