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Supreme Court of Canada

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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]

Friday, December 07, 2018 @ 5:02 PM - Last Updated: Tuesday, December 11, 2018 @ 3:00 PM

SCC rules shareholders can’t sue for third-party harms to corporation absent ‘distinct’ obligation, ‘direct’ injury Caroline Biron

The Supreme Court has ended a $55 million damages suit for loss of shareholder value brought by the trustees of a Quebec trust against the lawyers and accountants they allege gave faulty tax advice that bankrupted the companies whose shares the trust owns. ... [read more]

Friday, December 07, 2018 @ 1:38 PM

CORPORATIONS - Shareholders - Rights and powers - Juridical personality - Evidence and procedure - Standing

Appeal by Brunette and another trustee of Fiducie Maynard (Fiducie) from a judgment of the Court of Appeal of Quebec affirming a decision that dismissed Fiducie’s action on the basis that it did not have a sufficient interest to claim damages for the total loss of value of its patrimony. ... [read more]

Thursday, December 06, 2018 @ 2:27 PM - Last Updated: Friday, December 07, 2018 @ 8:23 AM

Defence efforts to rebut presumptions in support of breathalyzer results require more than speculation, conjecture: SCC Justice Richard Wagner

In a judgment of note in thousands of drinking and driving cases across Canada, the Supreme Court has clarified the nature and scope of the evidence that an accused must adduce to rebut the presumptions of accuracy and identity applicable to breathalyzer test results under s. 258(1)(c) of the Criminal Code. ... [read more]

Thursday, December 06, 2018 @ 12:51 PM

MOTOR VEHICLES - Impaired driving or driving over the legal limit - Breathalyzer or blood sample demand

Appeal by the Crown from a judgment of the Quebec Court of Appeal reversing a decision that set aside Cyr-Langlois’s acquittal on a charge of operating a motor vehicle with a blood alcohol level exceeding 80 mg of alcohol in 100 ml of blood. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]