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Supreme Court of Canada

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Tuesday, October 22, 2019 @ 12:58 PM

SCC leaves open question about jury unanimity in B.C. sexual assault case Andromache Karakatsanis

The Supreme Court of Canada has reinstated the conviction of a B.C. man charged with sexual offences against his niece but said it would “leave for another day” whether the issue of prosecutors drafting a single count to capture multiple incidents passes constitutional muster. ... [read more]

Tuesday, October 22, 2019 @ 9:05 AM

SCC’s Gascon encourages lawyers and judges to talk openly about anxiety, depression Exclusive

Judges of the Supreme Court of Canada are legal icons, so it’s easy to forget that they are human beings and struggle with the same afflictions as the rest of us. That’s why retired Justice Clément Gascon’s decision to reveal that he lives with anxiety and depression has been so salutary for the legal profession’s awareness of, and efforts to destigmatize, the mental health challenges so many lawyers and judges face. ... [read more]

Tuesday, October 22, 2019 @ 8:46 AM

Judging the SCC’s attempt to keep populist tide at bay | Alexander Gay

The Supreme Court of Canada (SCC), under the guidance of Chief Justice Richard Wagner, has taken a number of steps to make the court more accessible and accountable to the public. The chief justice has sought to provide summaries of decisions that are more readable to the general public, he has allowed the court to hold hearings outside of Ottawa and he has moved to strengthen the Canadian Judicial Council. ... [read more]

Friday, October 11, 2019 @ 3:36 PM - Last Updated: Tuesday, October 15, 2019 @ 8:51 AM

SCC endorses new restrictive view of Charter right ‘to the lesser punishment’ Sheilah_Martin

The Supreme Court of Canada has split 4-3 to endorse a narrower interpretation of an offender’s s. 11(i) Charter right to be sentenced to “the lesser punishment” in cases where penalties change between the offence and sentencing — an approach that will lead to harsher sentences for some who have committed historic crimes. ... [read more]

Friday, October 11, 2019 @ 2:44 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Legal rights - On being charged with an offence - To benefit of lesser punishment

Appeal from a judgment of the Quebec Court of Appeal affirming the decision sentencing Poulin to a conditional sentence of two years less a day on charges of gross indecency committed between 1979 and 1983. ... [read more]

Tuesday, October 08, 2019 @ 11:45 AM

SCC’s fall session in Ottawa kicks off with cases on employment law, scope of criminal law power Howard Levitt

The Supreme Court of Canada resumes its busy fall session Oct. 8 with a far-reaching employment law appeal, followed by a unique case in which the Attorney General of Canada is attacking the constitutionality of a law duly authorized by Parliament. ... [read more]

Friday, October 04, 2019 @ 4:49 PM - Last Updated: Monday, October 07, 2019 @ 9:51 AM

Police can’t arrest those who aren’t breaking law to prevent others’ violent actions: SCC Suzanne Côté

In a decision hailed as preserving Canadians’ civil liberties, the Supreme Court of Canada has unanimously restored a $140,000 damages award to a peaceful demonstrator who was unlawfully arrested and injured by the Ontario Provincial Police in 2009 during the occupation by Indigenous protesters of disputed Crown land in Caledonia, Ont. ... [read more]

Friday, October 04, 2019 @ 3:05 PM

ABUSE OF LEGAL PROCEDURE OR PROCESS - False arrest or imprisonment - Liability of parties

Appeal from a judgment of the Ontario Court of Appeal reversing a trial decision that grant Fleming’s action against the Province of Ontario and seven O.P.P. officers for assault and battery, wrongful arrest, and false imprisonment, as well as damages for violations of his rights under ss. 2(b), 7, 9 and 15 of the Canadian Charter of Rights and Freedoms (“Charter”). ... [read more]

Tuesday, October 01, 2019 @ 9:23 AM

McLachlin memoir a great read but needs more on SCC decision making | Heather MacIvor

A good memoir inspires its readers to reflect on their own lives — those actually lived, and those that might have been. Truth Be Told: My Journey Through Life and the Law, the new memoir by former Supreme Court chief justice Beverley McLachlin, does just that. ... [read more]

Friday, September 27, 2019 @ 12:42 PM

EVIDENCE - Privilege - Witnesses - Compelling attendance by subpoena - Setting aside

Appeals from a judgment of the Quebec Court of Appeal affirming a decision of the Quebec Superior Court setting aside a decision of the Court of Québec. ... [read more]