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...
Category: Charter Breaches
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...
Fleming v Ontario : Limiting Police Powers of Preventative Arrest
Earlier in October, the Supreme Court of Canada (“SCC”) released its decision in Fleming v Ontario, 2019 SCC 45 [Fleming], in which the Court ruled on the limits of police...
Live at the SCC: The SCC Goes to Winnipeg!
For the first time in its history, the Supreme Court of Canada (“SCC” or “the Court”) headed to Winnipeg to hear cases on September 25 and 26, 2019. On Wednesday,...
