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Supreme Court of Canada

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Friday, May 31, 2019 @ 9:59 PM

CONSTITUTIONAL ISSUES - Protection against arbitrary detention or imprisonment - Protection against unreasonable search and seizure - Exclusion of evidence

Appeal from a judgment of the Ontario Court of Appeal affirming a decision dismissing Le’s motion to exclude evidence. ... [read more]

Friday, May 31, 2019 @ 6:18 PM - Last Updated: Monday, June 03, 2019 @ 11:28 AM

SCC rules ‘arbitrary detention’ of racialized accused merits exclusion of seized drugs, gun Justices Brown and Martin

The Supreme Court of Canada has split 3-2 to acquit a racialized Toronto man of drug and weapons charges — with the majority judges excluding from evidence a handgun, cash and cocaine seized by police officers after the accused fled their uninvited questioning of him in his friend’s backyard. ... [read more]

Friday, May 31, 2019 @ 9:50 AM

Wellness: Treatment of Le Dain, Gascon show how far we’ve come | Darryl Singer

Last year at this time I was humbled to be part of a wellness panel at an event sponsored by the Young Lawyers Division of The Advocates’ Society. Also on the panel was the daughter of former Supreme Court of Canada Justice Gerald Le Dain. She spoke eloquently of her father’s lifelong battle with depression and the fact that his mental illness forced Le Dain prematurely from the bench in 1988 (he had only been appointed in 1984). ... [read more]

Tuesday, May 28, 2019 @ 10:42 AM

Justice system still not protecting Indigenous women and girls | Pamela Palmater

“Her life mattered. She was valued. She was important. She was loved.” — R. v. Barton, [2019] SCC 33. Cindy Gladue was an Indigenous woman originally from Alberta, where she grew up with her four siblings and extended family. She was also the mother to three daughters and her family described her as both a loving mother and caring aunty. She had close friends and always dreamed about being the first in her family to go to university. Cindy Gladue loved and was loved. She did not deserve her violent death in 2011 or the indignity done to her body after. ... [read more]

Friday, May 24, 2019 @ 4:43 PM

CRIMINAL CODE OFFENCES - Offences against person and reputation - Sexual assault - Consent - Honest but mistaken belief

Appeal from a judgment of the Alberta Court of Appeal setting aside Barton’s acquittal and ordering a new trial. ... [read more]

Friday, May 24, 2019 @ 10:35 AM - Last Updated: Friday, May 24, 2019 @ 5:32 PM

SCC clarifies sexual assault law in case spotlighting justice system’s mistreatment of Indigenous women and sex workers Michael-MOLDAVER

In a much anticipated ruling that addresses jury charges, consent, the use of the rape shield and a host of other fraught issues in the law and prosecution of sexual assault, the Supreme Court of Canada has 4-3 allowed, in part, the appeal of Bradley Barton from an Alberta Court of Appeal ruling that ruled in 2017, after his acquittal by a jury, that Barton must face a new trial on murder and manslaughter in the 2011 death of Cindy Gladue following their sexual encounters. ... [read more]

Thursday, May 23, 2019 @ 9:25 AM

Habeas corpus and immigration detention: Now a real option immigration_jail_sm

Almost six months after the Supreme Court heard the case of Canada (Public Safety and Emergency Preparedness) v. Chhina 2019 SCC 29, the judgment of the court was rendered on May 10, 2019. ... [read more]

Friday, May 17, 2019 @ 9:51 AM

Standing ovation, applause and tears in court as SCC’s Gascon hears his final case as a judge Clement Gascon

It was an emotional moment at the Supreme Court of Canada May 16, as Justice Clément Gascon’s last hearing ended with a standing ovation, prolonged applause and a few tears. At the close of argument in a landmark Quebec case dealing with the scope of protection for journalists’ sources, Chief Justice Richard Wagner told the packed courtroom he wanted to say a few words about his Supreme Court colleague for the past five years. ... [read more]

Thursday, May 16, 2019 @ 5:22 PM

Top court rules B.C. must offer trials in French for provincial offences Jennifer_Klinck

The Supreme Court of Canada has ruled 9-0 that persons charged in British Columbia with motor vehicle and other provincial offences have the right to be tried in French, on request — ending the practice of offering only English trials for provincial offences in that province (and arguably other provinces with similar statutes, such as Newfoundland and P.E.I.). ... [read more]

Thursday, May 16, 2019 @ 2:13 PM

PROCEDURE - Language of accused

Appeal from a judgment of the British Columbia Court of Appeal affirming a decision dismissing an application for certiorari against a decision refusing Bessette a trial in French. ... [read more]