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Supreme Court of Canada

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Tuesday, January 15, 2019 @ 10:42 AM

Top court rejects Ottawa’s bid to stay Charter ruling that guts military justice system Bruce_MacGregor

The Supreme Court of Canada has rejected the federal government’s motion to temporarily stay a Charter ruling which has gutted the military justice system. ... [read more]

Monday, January 14, 2019 @ 9:37 AM

A victory for democracy, and common sense | Heather MacIvor

On Jan. 11, 2019, the Supreme Court of Canada finally issued its ruling in Frank v. Canada (Attorney General) 2019 SCC 1. Gillian Frank and Jamie Duong, both Canadians living and working in the United States, argued that the statutory ban on voting by long-term expatriates violated the Charter. A 5-2 majority agreed, overturning a 2015 decision by the Ontario Court of Appeal. ... [read more]

Friday, January 11, 2019 @ 1:29 PM

ELECTIONS - Voters or electors - Qualifications - Residency

Appeal by Frank and Duong from a judgment of the Ontario Court of Appeal setting aside a decision that found provisions of the Canada Elections Act (Act) unconstitutional and of no force or effect. ... [read more]

Friday, January 11, 2019 @ 11:39 AM - Last Updated: Friday, January 11, 2019 @ 5:07 PM

Supreme Court strikes down federal voting limits on Canadian expatriates Richard Wagner

In a landmark judgment on the Charter-guaranteed right to vote, the Supreme Court of Canada has declared unconstitutional federal provisions (that were recently amended by Parliament) that barred expatriate Canadians who were residing abroad for five years or more from voting in federal elections. ... [read more]

Wednesday, January 02, 2019 @ 9:22 AM

SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan Mark Letourneau

Military justice and Crown copyright are among the topics the Supreme Court of Canada will explore in its winter session that includes criminal appeals asking if defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state and if the Jordan time limits apply in provincial youth court. ... [read more]

Thursday, December 20, 2018 @ 1:42 PM

SCC’s growing number of oral judgments draw bar’s fire but court says appeals get ‘all the attention and resources they require’ Renée Thériault

The Supreme Court’s growing practice of deciding as-of-right criminal appeals from the bench without written reasons has again drawn fire from the bar, with one prominent counsel publicly demanding more “transparency” from the court this week, while another suggested the court is leaving the impression that as-of-right appeals are “second-class citizens” on its docket. ... [read more]

Friday, December 14, 2018 @ 1:34 PM

SENTENCING - Particular sanctions - Victim fine surcharge

Boudreault and others appealed the rulings from four different applications to challenge the constitutionality of the mandatory victim surcharge under s. 737 of the Criminal Code. ... [read more]

Friday, December 14, 2018 @ 11:16 AM - Last Updated: Monday, December 17, 2018 @ 8:14 AM

Top court strikes down mandatory victim surcharge for imposing cruel and unusual punishment on poor Justice Sheilah Martin

The Supreme Court has 7-2 struck down the mandatory victim surcharge enacted by the former Conservative government because it inflicts cruel and unusual punishment on impecunious offenders. In allowing Dec. 14 four defence appeals from Ontario and Quebec Court of Appeal judgments which upheld the mandatory surcharge’s constitutionality, Justice Sheilah Martin declared invalid s. 737 of the Criminal Code with immediate effect: R. v. Boudreault 2018 SCC 58. ... [read more]

Thursday, December 13, 2018 @ 3:19 PM - Last Updated: Friday, December 14, 2018 @ 9:55 AM

SCC rules people can’t waive privacy rights of others in the digital devices they share Andromache Karakatsanis

The Supreme Court has ruled 9-0 that police violated an Ontario man’s Charter-protected right to be free from unreasonable search or seizure when they warrantlessly seized the home computer he shared with his spouse, with only her permission and not his. ... [read more]

Thursday, December 13, 2018 @ 1:46 PM

CONSTITUTIONAL ISSUES - Protection against unreasonable search and seizure - Remedies for denial of rights - Exclusion of evidence

Appeal by Reeves from a judgment of the Court of Appeal for Ontario setting aside a decision excluding child pornography evidence to be used against him. ... [read more]