Making Sense of Consequential Charter Breaches After R v Zacharias
In R v Zacharias, 2023 SCC 30 [Zacharias], a divided Supreme Court of Canada (“SCC” or the “Court”) held that evidence obtained through an unlawful detention cannot be used to...
Category: Charter Breaches
Appeal Watch: Is a closing window to address a future safety risk urgent? R v Campbell
The Ontario Court of Appeal (“ONCA”) applied the rapidly developing law surrounding the expectation of privacy in cell phones and police operations in R v Campbell, 2022 ONCA 666 [Campbell,...
R. v. Zacharias: SCC to Consider Alleged Charter Breaches in Drug Trafficking Case
On May 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] will hear the appeal of R. v. Zacharias, 2022 ABCA 112 [“Zacharias”]. The appeal is from the...
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,...
