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Supreme Court of Canada Hearings (Floor Audio)S.A. v. His Majesty the King (41569)On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings.2025-05-3039 minSupreme Court of Canada HearingsS.A. v. His Majesty the King (41569)On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings.2025-05-3039 minSupreme Court of Canada Hearings (English Audio)S.A. v. His Majesty the King (41569)On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings.2025-05-3039 minSupreme Court of Canada HearingsS.A. v. His Majesty the King (41569)On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings.2025-05-3039 minSupreme Court of Canada HearingsHis Majesty the King v. Lucas Hanrahan (41220)The respondent was found not guilty of sexual assault following a jury trial. Consent was the central issue. The Crown appealed the respondent’s acquittal, submitting that the trial judge erred in law by restricting Crown counsel’s examination of the complainant on her prior statements (text messages that were exchanged between the complainant and the respondent after the event) and erred in law in rulings related to the admission of evidence about the complainant’s prior sexual history. A majority of the Court of Appeal dismissed the Crown’s appeal. It concluded that although the trial judge placed restrict...2025-02-271h 13Supreme Court of Canada Hearings (Floor Audio)His Majesty the King v. Lucas Hanrahan (41220)The respondent was found not guilty of sexual assault following a jury trial. Consent was the central issue. The Crown appealed the respondent’s acquittal, submitting that the trial judge erred in law by restricting Crown counsel’s examination of the complainant on her prior statements (text messages that were exchanged between the complainant and the respondent after the event) and erred in law in rulings related to the admission of evidence about the complainant’s prior sexual history. A majority of the Court of Appeal dismissed the Crown’s appeal. It concluded that although the trial judge placed restrict...2025-02-271h 13Supreme Court of Canada HearingsHis Majesty the King v. Lucas Hanrahan (41220)The respondent was found not guilty of sexual assault following a jury trial. Consent was the central issue. The Crown appealed the respondent’s acquittal, submitting that the trial judge erred in law by restricting Crown counsel’s examination of the complainant on her prior statements (text messages that were exchanged between the complainant and the respondent after the event) and erred in law in rulings related to the admission of evidence about the complainant’s prior sexual history. A majority of the Court of Appeal dismissed the Crown’s appeal. It concluded that although the trial judge placed restrict...2025-02-271h 10Supreme Court of Canada Hearings (English Audio)His Majesty the King v. Lucas Hanrahan (41220)The respondent was found not guilty of sexual assault following a jury trial. Consent was the central issue. The Crown appealed the respondent’s acquittal, submitting that the trial judge erred in law by restricting Crown counsel’s examination of the complainant on her prior statements (text messages that were exchanged between the complainant and the respondent after the event) and erred in law in rulings related to the admission of evidence about the complainant’s prior sexual history. A majority of the Court of Appeal dismissed the Crown’s appeal. It concluded that although the trial judge placed restrict...2025-02-271h 10Supreme Court of Canada Hearings (Floor Audio)Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 2/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-231h 37Supreme Court of Canada HearingsAttorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 2/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-231h 37Supreme Court of Canada Hearings (English Audio)Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 2/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-231h 37Supreme Court of Canada HearingsAttorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 2/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-231h 37Supreme Court of Canada Hearings (Floor Audio)Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 1/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-232h 05Supreme Court of Canada HearingsAttorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 1/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-232h 05Supreme Court of Canada HearingsAttorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 1/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-232h 05Supreme Court of Canada Hearings (English Audio)Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 1/2) (40725)This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter.
The amendments to the EFA sparked constitutional challenges. The application judge heard and decided two sequential proceedings.
In the first proceedings: Working Families Ontario v. Ontario, 2021 ONSC 4076, 155 O.R. (3d) 545 (“Working Families 1”), the application judge concluded that the extension...2024-05-232h 05Supreme Court of Canada HearingsHis Majesty the King v. Private D.T. Vu (40655)(Publication ban in case)
In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being a lack of subjective consent) beyond a reasonable doub...2024-02-121h 00Supreme Court of Canada Hearings (Floor Audio)His Majesty the King v. Private D.T. Vu (40655)(Publication ban in case)
In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being a lack of subjective consent) beyond a reasonable doub...2024-02-121h 00Supreme Court of Canada HearingsHis Majesty the King v. Private D.T. Vu (40655)(Publication ban in case)
In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being a lack of subjective consent) beyond a reasonable doub...2024-02-121h 00Supreme Court of Canada Hearings (English Audio)His Majesty the King v. Private D.T. Vu (40655)(Publication ban in case)
In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being a lack of subjective consent) beyond a reasonable doub...2024-02-121h 00Supreme Court of Canada Hearings (Floor Audio)Yves Caleb Jr. Charles v. His Majesty the King (40319)After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evidence and the circumstances in which the statement had been made. The Court of Appeal, for the rea...2024-02-121h 05Supreme Court of Canada HearingsYves Caleb Jr. Charles v. His Majesty the King (40319)After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evidence and the circumstances in which the statement had been made. The Court of Appeal, for the rea...2024-02-121h 05Supreme Court of Canada HearingsYves Caleb Jr. Charles v. His Majesty the King (40319)After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evidence and the circumstances in which the statement had been made. The Court of Appeal, for the rea...2024-02-121h 05Supreme Court of Canada Hearings (English Audio)Yves Caleb Jr. Charles v. His Majesty the King (40319)After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evidence and the circumstances in which the statement had been made. The Court of Appeal, for the rea...2024-02-121h 05Supreme Court of Canada HearingsGeorge Zacharias v. His Majesty the King (40117)The appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, who conducted a traffic stop of Mr. Zacharias’ truck, had reasonable suspicion to enter into an investigative detention and deploy a sniffer dog. The trial judge found that the initial investigative detention and the sniffer dog search were unlawful and breached the ss. 8 and 9 Charter rights of Mr. Zacharias to be free from unreasonable search and arbitrary detention. Applying the test in...2023-05-151h 18Supreme Court of Canada Hearings (English Audio)George Zacharias v. His Majesty the King (40117)The appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, who conducted a traffic stop of Mr. Zacharias’ truck, had reasonable suspicion to enter into an investigative detention and deploy a sniffer dog. The trial judge found that the initial investigative detention and the sniffer dog search were unlawful and breached the ss. 8 and 9 Charter rights of Mr. Zacharias to be free from unreasonable search and arbitrary detention. Applying the test in...2023-05-151h 18Supreme Court of Canada Hearings (Floor Audio)George Zacharias v. His Majesty the King (40117)The appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, who conducted a traffic stop of Mr. Zacharias’ truck, had reasonable suspicion to enter into an investigative detention and deploy a sniffer dog. The trial judge found that the initial investigative detention and the sniffer dog search were unlawful and breached the ss. 8 and 9 Charter rights of Mr. Zacharias to be free from unreasonable search and arbitrary detention. Applying the test in...2023-05-151h 18Supreme Court of Canada HearingsGeorge Zacharias v. His Majesty the King (40117)The appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, who conducted a traffic stop of Mr. Zacharias’ truck, had reasonable suspicion to enter into an investigative detention and deploy a sniffer dog. The trial judge found that the initial investigative detention and the sniffer dog search were unlawful and breached the ss. 8 and 9 Charter rights of Mr. Zacharias to be free from unreasonable search and arbitrary detention. Applying the test in...2023-05-151h 18Supreme Court of Canada Hearings (English Audio)His Majesty the King v. S.S. (40147)(PUBLICATION BAN)
The respondent was convicted of sexual assault and sexual interference, two offences perpetrated on the complainant when she was between six and eight years old. The convictions were based on the complainant’s unsworn, videotaped police statement, which the trial judge admitted into evidence by application of the principled exception to the hearsay rule, based on the requirements of necessity and threshold reliability. A majority of the Court of Appeal allowed the respondent’s appeal, set aside the conviction and entered an acquittal, concluding that the trial judge erred in law by admitting the out-of-court stat...2023-03-221h 22
Supreme Court of Canada HearingsAttorney General of Canada v. Attorney General of Alberta (40195)The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:
1. Is Part 1 of An Act to enact the Impact Assessment Act and the Ca...2023-03-212h 11Supreme Court of Canada Hearings (English Audio)Attorney General of Canada v. Attorney General of Alberta (40195)The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:
1. Is Part 1 of An Act to enact the Impact Assessment Act and the Ca...2023-03-212h 11Supreme Court of Canada Hearings (English Audio)Attorney General of Quebec, et al. v. H. V. (40093)(PUBLICATION BAN IN CASE)
The respondent, H.V., pleaded guilty to a child luring offence committed between July 31 and August 9, 2017, which was prosecuted summarily. During sentencing, the respondent argued that the 6-month mandatory minimum sentence provided for in s. 172.1(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46, was unconstitutional under s. 12 of the Canadian Charter of Rights and Freedoms. In his view, a sentence of imprisonment would be unjustified. The prosecution sought a term of imprisonment of between 9 and 12 months along with probation.
The Court of Québec declared that the 6-month mandatory m...2023-03-202h 58Supreme Court of Canada HearingsAttorney General of Quebec, et al. v. H. V. (40093)(PUBLICATION BAN IN CASE)
The respondent, H.V., pleaded guilty to a child luring offence committed between July 31 and August 9, 2017, which was prosecuted summarily. During sentencing, the respondent argued that the 6-month mandatory minimum sentence provided for in s. 172.1(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46, was unconstitutional under s. 12 of the Canadian Charter of Rights and Freedoms. In his view, a sentence of imprisonment would be unjustified. The prosecution sought a term of imprisonment of between 9 and 12 months along with probation.
The Court of Québec declared that the 6-month mandatory m...2023-03-202h 58Supreme Court of Canada Hearings (English Audio)Emanuel Kahsai v. His Majesty the King (40044)At trial, the appellant was convicted by a jury of two counts of first degree murder. The appellant had refused to retain counsel subsequent to the preliminary inquiry and was adamant that he wanted to represent himself. Two separate amicus curiae were appointed to assist the court at different times; however, he refused to co-operate with either. The appellant appealed the convictions and alleged that the perceived fairness of the proceedings had been tainted due to the trial judge’s failure to appoint a partisan amicus curiae at an early stage of proceedings, with instructions to take on the ke...2023-03-201h 46Supreme Court of Canada HearingsEmanuel Kahsai v. His Majesty the King (40044)At trial, the appellant was convicted by a jury of two counts of first degree murder. The appellant had refused to retain counsel subsequent to the preliminary inquiry and was adamant that he wanted to represent himself. Two separate amicus curiae were appointed to assist the court at different times; however, he refused to co-operate with either. The appellant appealed the convictions and alleged that the perceived fairness of the proceedings had been tainted due to the trial judge’s failure to appoint a partisan amicus curiae at an early stage of proceedings, with instructions to take on the ke...2023-03-201h 46Supreme Court of Canada HearingsShawn Metzger v. His Majesty the King (40285)The appellant was charged with multiple offences in relation to a home invasion robbery that took place on or about June 24, 2017. After stealing the homeowner’s possessions, the intruders drove off in his truck. The truck was located 11 hours later. A cigarette butt was seized by police from underneath the driver’s seat and tested for DNA, which returned a single profile matching the appellant. The trial judge convicted the appellant of breaking and entering to steal a firearm, two counts of robbery, and disguise with intent. Various other charges were conditionally stayed. The appellant appealed the convictions, but the...2023-02-141h 09Supreme Court of Canada Hearings (English Audio)Shawn Metzger v. His Majesty the King (40285)The appellant was charged with multiple offences in relation to a home invasion robbery that took place on or about June 24, 2017. After stealing the homeowner’s possessions, the intruders drove off in his truck. The truck was located 11 hours later. A cigarette butt was seized by police from underneath the driver’s seat and tested for DNA, which returned a single profile matching the appellant. The trial judge convicted the appellant of breaking and entering to steal a firearm, two counts of robbery, and disguise with intent. Various other charges were conditionally stayed. The appellant appealed the convictions, but the...2023-02-141h 09Supreme Court of Canada Hearings (English Audio)Commission scolaire francophone des Territoires du Nord-Ouest, A.B., et al. v. Minister of Education, Culture and Employment of the Northwest Territories, et al. (39915)In 2018 and 2019, the Minister of Education, Culture and Employment of the Northwest Territories denied six applications for admission to French-language schools made by non-rights holder parents. The ineligibility of their children was assessed according to the criteria established in the Ministerial Directive — Enrolment of Students in French First Language Education Programs developed by the government of the Territories. Because none of the criteria in the Directive applied in the circumstances, the parents asked the Minister to exercise her residual discretion to authorize the admission of the six children concerned, which was denied. The non-rights holder parents and the school bo...2023-02-103h 13Supreme Court of Canada HearingsCommission scolaire francophone des Territoires du Nord-Ouest, A.B., et al. v. Minister of Education, Culture and Employment of the Northwest Territories, et al. (39915)In 2018 and 2019, the Minister of Education, Culture and Employment of the Northwest Territories denied six applications for admission to French-language schools made by non-rights holder parents. The ineligibility of their children was assessed according to the criteria established in the Ministerial Directive — Enrolment of Students in French First Language Education Programs developed by the government of the Territories. Because none of the criteria in the Directive applied in the circumstances, the parents asked the Minister to exercise her residual discretion to authorize the admission of the six children concerned, which was denied. The non-rights holder parents and the school bo...2023-02-103h 13Supreme Court of Canada Hearings (English Audio)Daniel Brunelle, et al. v. His Majesty the King (39917)The appellants, who were charged with various offences related to the large scale trafficking of cannabis, were arrested at the same time in more than one judicial district. They were divided into four different groups for separate trials. The appellants in the first group brought a motion for a stay of proceedings for abuse of process based on a series of infringements of the rights of the accused, and primarily their right to counsel.
On August 27, 2018, Dumas J. of the Superior Court entered a stay of proceedings on the ground that the police conduct had undermined the...2023-02-102h 46Supreme Court of Canada HearingsDaniel Brunelle, et al. v. His Majesty the King (39917)The appellants, who were charged with various offences related to the large scale trafficking of cannabis, were arrested at the same time in more than one judicial district. They were divided into four different groups for separate trials. The appellants in the first group brought a motion for a stay of proceedings for abuse of process based on a series of infringements of the rights of the accused, and primarily their right to counsel.
On August 27, 2018, Dumas J. of the Superior Court entered a stay of proceedings on the ground that the police conduct had undermined the...2023-02-102h 46Supreme Court of Canada Hearings (English Audio)Cindy Dickson v. Vuntut Gwitchin First Nation (39856)The appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon Territory; she resides in Whitehorse, instead of the VGFN’s Settlement Lands, approximately 800km away, for family medical reasons and other socio-economic reasons. Ms. Dickson sought to stand for election to the Council of the VGFN. However, the VGFN constitution specifies that any Councillor must reside on the Settlement Land (the “residency requirement”); it also states that if an eligible candidate for Chief or Councillor does not reside on Settlement Lands during the election, and wins their desired seat, they must relocate t...2023-02-083h 40Supreme Court of Canada HearingsCindy Dickson v. Vuntut Gwitchin First Nation (39856)The appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon Territory; she resides in Whitehorse, instead of the VGFN’s Settlement Lands, approximately 800km away, for family medical reasons and other socio-economic reasons. Ms. Dickson sought to stand for election to the Council of the VGFN. However, the VGFN constitution specifies that any Councillor must reside on the Settlement Land (the “residency requirement”); it also states that if an eligible candidate for Chief or Councillor does not reside on Settlement Lands during the election, and wins their desired seat, they must relocate t...2023-02-083h 40Supreme Court of Canada HearingsD.R. v. His Majesty the King (40039)(PUBLICATION BAN)
At trial, the appellant was acquitted of sexual interference, invitation to sexual touching and sexual assault respecting the complainant, a person under the age of 16 years. A majority of the Court of Appeal of Newfoundland and Labrador allowed the Crown’s appeal and ordered a new trial. It held that the trial judge engaged in impermissible stereotypical reasoning when assessing the complainant’s credibility by relying on the stereotypes that a victim could not be happy to see her abuser regardless of her age and circumstances, and that a victim will exhibit avoidant behaviour around her...2023-02-0156 minSupreme Court of Canada Hearings (English Audio)D.R. v. His Majesty the King (40039)(PUBLICATION BAN)
At trial, the appellant was acquitted of sexual interference, invitation to sexual touching and sexual assault respecting the complainant, a person under the age of 16 years. A majority of the Court of Appeal of Newfoundland and Labrador allowed the Crown’s appeal and ordered a new trial. It held that the trial judge engaged in impermissible stereotypical reasoning when assessing the complainant’s credibility by relying on the stereotypes that a victim could not be happy to see her abuser regardless of her age and circumstances, and that a victim will exhibit avoidant behaviour around her...2023-02-0156 minSupreme Court of Canada Hearings (English Audio)Andrei Bykovets v. His Majesty the King (40269)In September 2017, the police commenced an investigation related to the purchase of virtual gift cards with fraudulent credit card information. The police was told that the fraudulent online transactions used two IP addresses. The police obtained warrants to search the two residences associated with the IP addresses. The appellant was arrested and charged with 33 offences relating to the possession and use of third parties’ credit cards and personal identification documents, and firearms. The appellant filed a notice alleging the breach of his rights under s. 8 of the Charter as well as other rights. The trial judge found that it wa...2023-01-171h 44Supreme Court of Canada HearingsAndrei Bykovets v. His Majesty the King (40269)In September 2017, the police commenced an investigation related to the purchase of virtual gift cards with fraudulent credit card information. The police was told that the fraudulent online transactions used two IP addresses. The police obtained warrants to search the two residences associated with the IP addresses. The appellant was arrested and charged with 33 offences relating to the possession and use of third parties’ credit cards and personal identification documents, and firearms. The appellant filed a notice alleging the breach of his rights under s. 8 of the Charter as well as other rights. The trial judge found that it wa...2023-01-171h 44Supreme Court of Canada Hearings (English Audio)Antoine Ponce, et al. v. Société d’investissements Rhéaume ltée, et al. (39931)The appellants, Mr. Ponce and Mr. Riopel, served as presidents of three companies grouped together under the name “Le Groupe Excellence” controlled by the respondent shareholders, Mr. Rhéaume and Mr. Beaulne. Rhéaume and Beaulne founded Excellence in the late 1970’s, but their working relationship ultimately broke down due to a revenue share dispute. A few years later, the appellants bought the respondents’ interests in Excellence. Rhéaume and Beaulne were unaware, however, that the appellants had been negotiating the sale of Excellence to a third party, Industrial Alliance. Shortly after acquiring the shares of Rhéaume and Beaulne, the...2023-01-122h 02Supreme Court of Canada HearingsAntoine Ponce, et al. v. Société d’investissements Rhéaume ltée, et al. (39931)The appellants, Mr. Ponce and Mr. Riopel, served as presidents of three companies grouped together under the name “Le Groupe Excellence” controlled by the respondent shareholders, Mr. Rhéaume and Mr. Beaulne. Rhéaume and Beaulne founded Excellence in the late 1970’s, but their working relationship ultimately broke down due to a revenue share dispute. A few years later, the appellants bought the respondents’ interests in Excellence. Rhéaume and Beaulne were unaware, however, that the appellants had been negotiating the sale of Excellence to a third party, Industrial Alliance. Shortly after acquiring the shares of Rhéaume and Beaulne, the...2023-01-122h 02Supreme Court of Canada HearingsAhmed Abdullahi v. His Majesty the King (40049)At trial before judge and jury, the appellant, Ahmed Abdullahi was convicted of various gun-related offences including one count of participation in the activities of a criminal organization for the purpose of trafficking weapons, contrary to s. 467.11 of the Criminal Code. The charges resulted from a police investigation dubbed “Project Traveller”.
A majority of the Court of Appeal (per Brown J.A. with Trotter J.A. concurring) dismissed the three grounds the appellant raised pertaining to his conviction appeal. First, the majority rejected his argument that the trial judge erred in admitting the opinion evidence of the Soma...2023-01-111h 06Supreme Court of Canada Hearings (English Audio)Ahmed Abdullahi v. His Majesty the King (40049)At trial before judge and jury, the appellant, Ahmed Abdullahi was convicted of various gun-related offences including one count of participation in the activities of a criminal organization for the purpose of trafficking weapons, contrary to s. 467.11 of the Criminal Code. The charges resulted from a police investigation dubbed “Project Traveller”.
A majority of the Court of Appeal (per Brown J.A. with Trotter J.A. concurring) dismissed the three grounds the appellant raised pertaining to his conviction appeal. First, the majority rejected his argument that the trial judge erred in admitting the opinion evidence of the Soma...2023-01-111h 06Supreme Court of Canada HearingsAhmed Abdullahi v. His Majesty the King (40049)At trial before judge and jury, the appellant, Ahmed Abdullahi was convicted of various gun-related offences including one count of participation in the activities of a criminal organization for the purpose of trafficking weapons, contrary to s. 467.11 of the Criminal Code. The charges resulted from a police investigation dubbed “Project Traveller”.
A majority of the Court of Appeal (per Brown J.A. with Trotter J.A. concurring) dismissed the three grounds the appellant raised pertaining to his conviction appeal. First, the majority rejected his argument that the trial judge erred in admitting the opinion evidence of the Soma...2023-01-111h 06Supreme Court of Canada Hearings (Floor Audio)Ahmed Abdullahi v. His Majesty the King (40049)At trial before judge and jury, the appellant, Ahmed Abdullahi was convicted of various gun-related offences including one count of participation in the activities of a criminal organization for the purpose of trafficking weapons, contrary to s. 467.11 of the Criminal Code. The charges resulted from a police investigation dubbed “Project Traveller”.
A majority of the Court of Appeal (per Brown J.A. with Trotter J.A. concurring) dismissed the three grounds the appellant raised pertaining to his conviction appeal. First, the majority rejected his argument that the trial judge erred in admitting the opinion evidence of the Soma...2023-01-111h 06Supreme Court of Canada HearingsAttorney General of Québec, et al. v. Attorney General of Canada, et al. (40061)By Order in Council 1288 2019 of December 18, 2019, the Quebec government submitted the following question to the Quebec Court of Appeal:
Is An Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24, ultra vires the Parliament of Canada under the Constitution of Canada?
The Court of Appeal answered that the Act, which came into force on January 1, 2020, is constitutional, except for ss. 21 and 22(3), which are not. It found that the pith and substance of the Act is to ensure the well being of Indigenous children by fostering culturally appropriate services that w...2022-12-084h 30Supreme Court of Canada Hearings (English Audio)Attorney General of Québec, et al. v. Attorney General of Canada, et al. (40061)By Order in Council 1288 2019 of December 18, 2019, the Quebec government submitted the following question to the Quebec Court of Appeal:
Is An Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24, ultra vires the Parliament of Canada under the Constitution of Canada?
The Court of Appeal answered that the Act, which came into force on January 1, 2020, is constitutional, except for ss. 21 and 22(3), which are not. It found that the pith and substance of the Act is to ensure the well being of Indigenous children by fostering culturally appropriate services that w...2022-12-084h 30Supreme Court of Canada HearingsMikerlson Vernelus v. His Majesty the King (40072)After a trial in the Court of Québec, the appellant, Mikerlson Vernelus, was convicted of possession of a firearm and breach of a recognizance. A vehicle with the appellant and two other individuals in it had been stopped by the police and the appellant had been arrested for possession of cannabis. During the search incident to the arrest, the police had found a firearm in a bag belonging to the appellant. Testing of that weapon had found DNA only from the vehicle’s other occupant. The trial judge rejected the appellant’s testimony, as she did not find it cr...2022-12-0658 minSupreme Court of Canada Hearings (English Audio)Mikerlson Vernelus v. His Majesty the King (40072)After a trial in the Court of Québec, the appellant, Mikerlson Vernelus, was convicted of possession of a firearm and breach of a recognizance. A vehicle with the appellant and two other individuals in it had been stopped by the police and the appellant had been arrested for possession of cannabis. During the search incident to the arrest, the police had found a firearm in a bag belonging to the appellant. Testing of that weapon had found DNA only from the vehicle’s other occupant. The trial judge rejected the appellant’s testimony, as she did not find it cr...2022-12-0658 minSupreme Court of Canada HearingsJames Allan Anderson v. Diana Anderson (39884)The parties were married for three years. Both parties came into the marriage with considerable assets, including houses, vehicles, items of personal property, RRSPs, savings and pensions. Shortly after the parties separated, the respondent invited the applicant to a reconciliation meeting with mutual friends. At the end of the meeting, the respondent presented the applicant with a separation agreement she had drawn up. Neither party received independent legal advice, but they both signed the agreement. The agreement did not deal with all the family property issues as the family home was not specifically dealt with in a final way...2022-12-052h 10Supreme Court of Canada Hearings (English Audio)James Allan Anderson v. Diana Anderson (39884)The parties were married for three years. Both parties came into the marriage with considerable assets, including houses, vehicles, items of personal property, RRSPs, savings and pensions. Shortly after the parties separated, the respondent invited the applicant to a reconciliation meeting with mutual friends. At the end of the meeting, the respondent presented the applicant with a separation agreement she had drawn up. Neither party received independent legal advice, but they both signed the agreement. The agreement did not deal with all the family property issues as the family home was not specifically dealt with in a final way...2022-12-052h 10Supreme Court of Canada HearingsJames Allan Anderson v. Diana Anderson (39884)The parties were married for three years. Both parties came into the marriage with considerable assets, including houses, vehicles, items of personal property, RRSPs, savings and pensions. Shortly after the parties separated, the respondent invited the applicant to a reconciliation meeting with mutual friends. At the end of the meeting, the respondent presented the applicant with a separation agreement she had drawn up. Neither party received independent legal advice, but they both signed the agreement. The agreement did not deal with all the family property issues as the family home was not specifically dealt with in a final way...2022-12-052h 10Supreme Court of Canada Hearings (Floor Audio)James Allan Anderson v. Diana Anderson (39884)The parties were married for three years. Both parties came into the marriage with considerable assets, including houses, vehicles, items of personal property, RRSPs, savings and pensions. Shortly after the parties separated, the respondent invited the applicant to a reconciliation meeting with mutual friends. At the end of the meeting, the respondent presented the applicant with a separation agreement she had drawn up. Neither party received independent legal advice, but they both signed the agreement. The agreement did not deal with all the family property issues as the family home was not specifically dealt with in a final way...2022-12-052h 10
Supreme Court of Canada Hearings (English Audio)His Majesty the King v. David Edward Furey (40038)The respondent, David Edward Furey, was convicted of breaking and entering into a dwelling, assault with a weapon, assault causing bodily harm, possession of a knife for a purpose dangerous to the public peace, and breach of an undertaking. At trial, the judge admitted, for the truth of its contents, a videotaped out of court statement given by one of the complainants, who subsequently died of unrelated causes. The statement was given to the police soon after the altercations.A majority of the Court of Appeal allowed Mr. Furey’s appeal from convictions, set aside the decision of...2022-12-0355 minSupreme Court of Canada HearingsHis Majesty the King v. David Edward Furey (40038)The respondent, David Edward Furey, was convicted of breaking and entering into a dwelling, assault with a weapon, assault causing bodily harm, possession of a knife for a purpose dangerous to the public peace, and breach of an undertaking. At trial, the judge admitted, for the truth of its contents, a videotaped out of court statement given by one of the complainants, who subsequently died of unrelated causes. The statement was given to the police soon after the altercations.
A majority of the Court of Appeal allowed Mr. Furey’s appeal from convictions, set aside the decision of...2022-12-0255 minSupreme Court of Canada Hearings (English Audio)His Majesty the King v. David Edward Furey (40038)The respondent, David Edward Furey, was convicted of breaking and entering into a dwelling, assault with a weapon, assault causing bodily harm, possession of a knife for a purpose dangerous to the public peace, and breach of an undertaking. At trial, the judge admitted, for the truth of its contents, a videotaped out of court statement given by one of the complainants, who subsequently died of unrelated causes. The statement was given to the police soon after the altercations.
A majority of the Court of Appeal allowed Mr. Furey’s appeal from convictions, set aside the decision of...2022-12-0255 minSupreme Court of Canada HearingsRyan David Clark v. His Majesty the King (40090)Before the Saskatchewan Court of Queen’s Bench, the appellant, Ryan David Clark, was convicted by a jury of second degree murder. The main issue at trial was the identity of the person who had beaten the deceased to death.
On appeal, Mr. Clark argued that the trial judge erred by failing to address the frailties of eyewitness evidence in his instructions to the jury, particularly with regard to in-court identification by two witnesses. He also argued that the trial judge erred by allowing other witnesses to provide bad character and post-offence conduct evidence and by failing to...2022-12-011h 01Supreme Court of Canada Hearings (English Audio)Ryan David Clark v. His Majesty the King (40090)Before the Saskatchewan Court of Queen’s Bench, the appellant, Ryan David Clark, was convicted by a jury of second degree murder. The main issue at trial was the identity of the person who had beaten the deceased to death.
On appeal, Mr. Clark argued that the trial judge erred by failing to address the frailties of eyewitness evidence in his instructions to the jury, particularly with regard to in-court identification by two witnesses. He also argued that the trial judge erred by allowing other witnesses to provide bad character and post-offence conduct evidence and by failing to...2022-12-011h 01Supreme Court of Canada Hearings (English Audio)Earl Mason, et al. v. Minister of Citizenship and Immigration, et al. (39855)Section 34(1)(e) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”) provides that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada”. The Minister alleged that both appellants were foreign nationals who were inadmissible under s. 34(1)(e) of the IRPA.
The issue before the Immigration Board and the Immigration Appeal Division was whether s. 34(1)(e) applied only where there is a connection to national security. Both agreed with the Minister that it did not. In their view, s. 34...2022-12-012h 51Supreme Court of Canada HearingsEarl Mason, et al. v. Minister of Citizenship and Immigration, et al. (39855)Section 34(1)(e) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”) provides that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada”. The Minister alleged that both appellants were foreign nationals who were inadmissible under s. 34(1)(e) of the IRPA.
The issue before the Immigration Board and the Immigration Appeal Division was whether s. 34(1)(e) applied only where there is a connection to national security. Both agreed with the Minister that it did not. In their view, s. 34...2022-12-012h 51Supreme Court of Canada Hearings (English Audio)Ryan David Clark v. His Majesty the King (40090)Before the Saskatchewan Court of Queen’s Bench, the appellant, Ryan David Clark, was convicted by a jury of second degree murder. The main issue at trial was the identity of the person who had beaten the deceased to death.On appeal, Mr. Clark argued that the trial judge erred by failing to address the frailties of eyewitness evidence in his instructions to the jury, particularly with regard to in-court identification by two witnesses. He also argued that the trial judge erred by allowing other witnesses to provide bad character and post-offence conduct evidence and by failing to...2022-11-301h 01Supreme Court of Canada Hearings (English Audio)Earl Mason, et al. v. Minister of Citizenship and Immigration, et al. (39855)Section 34(1)(e) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”) provides that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada”. The Minister alleged that both appellants were foreign nationals who were inadmissible under s. 34(1)(e) of the IRPA.The issue before the Immigration Board and the Immigration Appeal Division was whether s. 34(1)(e) applied only where there is a connection to national security. Both agreed with the Minister that it did not. In their view, s. 34...2022-11-303h 24
Supreme Court of Canada HearingsHis Majesty the King v. Randy William Downes (40045)(PUBLICATION BAN)
At trial, the respondent, Randy William Downes, was convicted of two counts of voyeurism contrary to s. 162(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46. He was found to have surreptitiously taken photographs of adolescent male hockey players in stages of undress in a dressing room while he was coaching.
A majority of the Court of Appeal (per Willcock J.A. with Grauer J.A. concurring), allowed Mr. Downes’ appeal, set aside the conviction and ordered a new trial. The majority explained that, while it was open to the trial judge to...2022-11-181h 30Supreme Court of Canada Hearings (English Audio)His Majesty the King v. Randy William Downes (40045)(PUBLICATION BAN)
At trial, the respondent, Randy William Downes, was convicted of two counts of voyeurism contrary to s. 162(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46. He was found to have surreptitiously taken photographs of adolescent male hockey players in stages of undress in a dressing room while he was coaching.
A majority of the Court of Appeal (per Willcock J.A. with Grauer J.A. concurring), allowed Mr. Downes’ appeal, set aside the conviction and ordered a new trial. The majority explained that, while it was open to the trial judge to...2022-11-181h 30
Supreme Court of Canada HearingsHis Majesty the King v. Matthew James Johnston, et al. (39635)(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The respondents were found guilty of six counts of first degree murder and one count of conspiracy to commit murder. The respondents filed applications for stays of proceedings pursuant to s. 24(1) of the Charter, alleging abuses of process due to police misconduct during the investigation, and also because of their conditions while in pre-trial custody. The Crown applied for summary dismissal of the applications. Finding that the serious nature of the offences committed by the respondents could not justify a stay of proceedings, the...2022-11-152h 06Supreme Court of Canada Hearings (English Audio)His Majesty the King v. Matthew James Johnston, et al. (39635)(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The respondents were found guilty of six counts of first degree murder and one count of conspiracy to commit murder. The respondents filed applications for stays of proceedings pursuant to s. 24(1) of the Charter, alleging abuses of process due to police misconduct during the investigation, and also because of their conditions while in pre-trial custody. The Crown applied for summary dismissal of the applications. Finding that the serious nature of the offences committed by the respondents could not justify a stay of proceedings, the...2022-11-152h 06
Supreme Court of Canada Hearings (English Audio)Jennifer Basque v. His Majesty the King (39997)The appellant was charged with operating a motor vehicle with a blood-alcohol concentration that exceeded eighty milligrams of alcohol in one hundred milliliters of blood. The appellant was released from custody on an undertaking, a condition of which was that she would not operate a motor vehicle. The appellant spent the 21 months that elapsed between her initial appearance and sentencing under a driving prohibition as a condition of her release. The Provincial Court sentencing judge imposed a $1,000 fine and decided a fit punishment in the circumstances was the one-year minimum driving prohibition. He then addressed whether he could take...2022-11-091h 42Supreme Court of Canada HearingsJennifer Basque v. His Majesty the King (39997)The appellant was charged with operating a motor vehicle with a blood-alcohol concentration that exceeded eighty milligrams of alcohol in one hundred milliliters of blood. The appellant was released from custody on an undertaking, a condition of which was that she would not operate a motor vehicle. The appellant spent the 21 months that elapsed between her initial appearance and sentencing under a driving prohibition as a condition of her release. The Provincial Court sentencing judge imposed a $1,000 fine and decided a fit punishment in the circumstances was the one-year minimum driving prohibition. He then addressed whether he could take...2022-11-091h 42
Supreme Court of Canada Hearings (English Audio)Yves Des Groseillers, et al. v. Agence du revenu du Québec (39879)The appellants, Yves Des Groseillers and BMTC Group Inc., appealed assessments made by the respondent, the Agence du revenu du Québec (“ARQ”). In the course of tax audits, the ARQ added amounts to Mr. Des Groseillers’s taxable income as additional employment income. Those amounts represented the total value of the stock options donated by Mr. Des Groseillers to registered charities, for which he had claimed tax credits. The ARQ therefore added the amounts to BMTC’s payroll as well.
The Court of Québec allowed Mr. Des Groseillers’s application and vacated the notices of assessment...2022-11-041h 42Supreme Court of Canada HearingsYves Des Groseillers, et al. v. Agence du revenu du Québec (39879)The appellants, Yves Des Groseillers and BMTC Group Inc., appealed assessments made by the respondent, the Agence du revenu du Québec (“ARQ”). In the course of tax audits, the ARQ added amounts to Mr. Des Groseillers’s taxable income as additional employment income. Those amounts represented the total value of the stock options donated by Mr. Des Groseillers to registered charities, for which he had claimed tax credits. The ARQ therefore added the amounts to BMTC’s payroll as well.
The Court of Québec allowed Mr. Des Groseillers’s application and vacated the notices of assessment...2022-11-041h 42
Supreme Court of Canada HearingsDeans Knight Income Corporation v. His Majesty the King (39869)Prior to the transactions at issue, the appellant, Deans Knight Income Corporation, was a Canadian public corporation that had approximately $90 million of unused non-capital losses and other deductions. It sought to realize the value of these tax attributes and entered into an agreement with a corporation that had expertise in arranging such transactions. From 2009 to 2012, the appellant deducted a majority of its tax attributes to reduce its tax liability. Following the issuance of reassessments to deny the deductions, the appellant successfully appealed to the Tax Court, but the decision was overturned by the Federal Court of Appeal.
...2022-11-022h 29
Supreme Court of Canada Hearings (English Audio)Corey Daniel Ramelson v. Her Majesty the Queen (39664)At trial the appellant, Corey Daniel Ramelson, was found guilty of three indictable offences under ss. 172.1, 172.2 and 286.1 of the Criminal Code, R.S.C. 1985, c. C 46. The appellant’s charges arose out of Project Raphael designed by the York Regional Police in Ontario — an undercover investigation that began in 2014 with the objective of reducing the demand for sexual services from juveniles in the region by targeting the “buyer side”. As part of the investigation, the police posted fake advertisements in the “escorts” section of the online classified advertising website Backpage.com. When individuals responded to the ads an undercover officer posi...2022-05-192h 32Supreme Court of Canada HearingsCorey Daniel Ramelson v. Her Majesty the Queen (39664)At trial the appellant, Corey Daniel Ramelson, was found guilty of three indictable offences under ss. 172.1, 172.2 and 286.1 of the Criminal Code, R.S.C. 1985, c. C 46. The appellant’s charges arose out of Project Raphael designed by the York Regional Police in Ontario — an undercover investigation that began in 2014 with the objective of reducing the demand for sexual services from juveniles in the region by targeting the “buyer side”. As part of the investigation, the police posted fake advertisements in the “escorts” section of the online classified advertising website Backpage.com. When individuals responded to the ads an undercover officer posi...2022-05-192h 32
Supreme Court of Canada Hearings (English Audio)Syed Adeel Safdar v. Her Majesty the Queen (39629)The appellant, Syed Adeel Safdar, and two co accused who have since discontinued their appeals, were tried for a number of offences involving the abuse of the appellant’s wife. At the end of the evidence and argument on the merits of the allegations, they brought an application under s. 11(b) of the Charter for a stay of proceedings based on unreasonable delay. While the trial judge was preparing his decision on the trial proper, he heard the s. 11(b) application, reserved his decision and then granted the stay. In the trial judge’s reasons on the s. 11(b) appl...2022-05-191h 09Supreme Court of Canada HearingsSyed Adeel Safdar v. Her Majesty the Queen (39629)The appellant, Syed Adeel Safdar, and two co accused who have since discontinued their appeals, were tried for a number of offences involving the abuse of the appellant’s wife. At the end of the evidence and argument on the merits of the allegations, they brought an application under s. 11(b) of the Charter for a stay of proceedings based on unreasonable delay. While the trial judge was preparing his decision on the trial proper, he heard the s. 11(b) application, reserved his decision and then granted the stay. In the trial judge’s reasons on the s. 11(b) appl...2022-05-191h 09
Supreme Court of Canada Hearings (English Audio)James Andrew Beaver v. Her Majesty the Queen (39480); Brian John Lambert v. Her Majesty the Queen (39481)The appellants were convicted of manslaughter in relation to the death of their roommate. After being initially detained by officers at the scene under a non-existent law, they were arrested by detectives for murder two hours later at the police station. Following a lengthy interview, Lambert confessed to their involvement in the death of the roommate; when confronted with the confession, Beaver admitted his participation as well. At trial, the appellants sought the exclusion of all evidence which derived from alleged violations of their rights protected by ss. 7, 9, 10(a) and 10(b) of the Canadian Charter of Rights and Freedoms...2022-02-153h 22Supreme Court of Canada HearingsJames Andrew Beaver v. Her Majesty the Queen (39480); Brian John Lambert v. Her Majesty the Queen (39481)The appellants were convicted of manslaughter in relation to the death of their roommate. After being initially detained by officers at the scene under a non-existent law, they were arrested by detectives for murder two hours later at the police station. Following a lengthy interview, Lambert confessed to their involvement in the death of the roommate; when confronted with the confession, Beaver admitted his participation as well. At trial, the appellants sought the exclusion of all evidence which derived from alleged violations of their rights protected by ss. 7, 9, 10(a) and 10(b) of the Canadian Charter of Rights and Freedoms...2022-02-153h 22
Supreme Court of Canada Hearings (English Audio)Yasin Mahad Ali v. Her Majesty the Queen (39590)Following an investigation into cocaine trafficking, the appellant was arrested and subjected to a strip search, which yielded three small bags of cocaine. At trial, the appellant applied to exclude the evidence on the basis that the strip search had not been justified at law. The trial judge concluded that the police had the requisite reasonable and probable grounds to conduct the search and admitted the evidence, and the appellant was convicted of possession of cocaine for the purposes of trafficking.
A majority of the Court of Appeal for Alberta dismissed the appellant’s appeal, holding that th...2022-02-111h 04Supreme Court of Canada HearingsYasin Mahad Ali v. Her Majesty the Queen (39590)Following an investigation into cocaine trafficking, the appellant was arrested and subjected to a strip search, which yielded three small bags of cocaine. At trial, the appellant applied to exclude the evidence on the basis that the strip search had not been justified at law. The trial judge concluded that the police had the requisite reasonable and probable grounds to conduct the search and admitted the evidence, and the appellant was convicted of possession of cocaine for the purposes of trafficking.
A majority of the Court of Appeal for Alberta dismissed the appellant’s appeal, holding that th...2022-02-111h 04
Supreme Court of Canada HearingsSociety of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. (39418)The Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) administers the right to “communicate” musical works on behalf of copyright owners. It filed proposed tariffs for the communication to the public by telecommunication of work in its repertoire through an online music service. However, before the Board considered the proposed tariffs, the Copyright Modernization Act, S.C. 2012, c. 20, amended the Copyright Act, R.S.C. 1985, c. C-42. In particular, it added three “making available” provisions in ss. 2.4(1.1), 15(1.1)(d) and 18(1.1)(a). Section 2.4(1.1) provides that, for the purposes of the Copyright Act, “communication of a work or other subject-matter to the public...2022-01-192h 38Supreme Court of Canada Hearings (English Audio)Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. (39418)The Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) administers the right to “communicate” musical works on behalf of copyright owners. It filed proposed tariffs for the communication to the public by telecommunication of work in its repertoire through an online music service. However, before the Board considered the proposed tariffs, the Copyright Modernization Act, S.C. 2012, c. 20, amended the Copyright Act, R.S.C. 1985, c. C-42. In particular, it added three “making available” provisions in ss. 2.4(1.1), 15(1.1)(d) and 18(1.1)(a). Section 2.4(1.1) provides that, for the purposes of the Copyright Act, “communication of a work or other subject-matter to the public...2022-01-192h 38
Supreme Court of Canada HearingsAlan Teck Meng Lai v. Her Majesty the Queen (39577)(PUBLICATION BAN)
The appellant was charged in August 2013 with a number of sexual offences. In November 2017, he sought a stay of proceedings due to a breach of his s. 11(b) Charter right to trial within a reasonable delay. The trial judge found that the total expected delay for the proceedings would be 57 months, and he subtracted a period of 25 months which he attributed to two discrete exceptional events: a re-election by the accused, and an underestimate of the time required for the trial. The remaining delay of 32 months was still above the presumptive ceiling established in R...2022-01-141h 02Supreme Court of Canada Hearings (English Audio)Alan Teck Meng Lai v. Her Majesty the Queen (39577)(PUBLICATION BAN)
The appellant was charged in August 2013 with a number of sexual offences. In November 2017, he sought a stay of proceedings due to a breach of his s. 11(b) Charter right to trial within a reasonable delay. The trial judge found that the total expected delay for the proceedings would be 57 months, and he subtracted a period of 25 months which he attributed to two discrete exceptional events: a re-election by the accused, and an underestimate of the time required for the trial. The remaining delay of 32 months was still above the presumptive ceiling established in R...2022-01-141h 02
Supreme Court of Canada HearingsHer Majesty the Queen v. J.F. (39267)(PUBLICATION BAN IN CASE)
In February 2011, the respondent, J.F., was charged with several offences involving sexual acts committed between 1986 and 2001. While judgment was reserved, the Supreme Court rendered its decision in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631. Following the first trial, J.F. was acquitted in February 2017. The total delay between the charges and the verdict was 72 months and 2 days. In June 2018, the Quebec Court of Appeal ordered a new trial because of errors of law in the trial judgment. The delay between that order and the anticipated end of the new trial was 10 months...2022-01-142h 39Supreme Court of Canada Hearings (English Audio)Her Majesty the Queen v. J.F. (39267)(PUBLICATION BAN IN CASE)
In February 2011, the respondent, J.F., was charged with several offences involving sexual acts committed between 1986 and 2001. While judgment was reserved, the Supreme Court rendered its decision in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631. Following the first trial, J.F. was acquitted in February 2017. The total delay between the charges and the verdict was 72 months and 2 days. In June 2018, the Quebec Court of Appeal ordered a new trial because of errors of law in the trial judgment. The delay between that order and the anticipated end of the new trial was 10 months...2022-01-142h 39
Supreme Court of Canada HearingsAssociation de médiation familiale du Québec v. Isabelle Bisaillon, et al. (39155)Following their separation, Isabelle Bisaillon and Michel Bouvier attended five mediation sessions and then signed the standard agreement proposed by the Association de médiation familiale du Québec at the start of the process, which provided in part that the content of the process was to remain confidential. At the end of the process, the mediator prepared a summary of the matters agreed upon in mediation and sent it to the parties, who did not sign it or have a formal agreement drawn up.
On an application filed by Ms. Bisaillon for judicial partition into equal sh...2021-12-172h 06Supreme Court of Canada Hearings (English Audio)Association de médiation familiale du Québec v. Isabelle Bisaillon, et al. (39155)Following their separation, Isabelle Bisaillon and Michel Bouvier attended five mediation sessions and then signed the standard agreement proposed by the Association de médiation familiale du Québec at the start of the process, which provided in part that the content of the process was to remain confidential. At the end of the process, the mediator prepared a summary of the matters agreed upon in mediation and sent it to the parties, who did not sign it or have a formal agreement drawn up.
On an application filed by Ms. Bisaillon for judicial partition into equal sh...2021-12-172h 06
Supreme Court of Canada Hearings (English Audio)Ross McKenzie Kirkpatrick v. Her Majesty the Queen (39287)(PUBLICATION BAN IN CASE)
The appellant, Mr. Kirkpatrick, was charged with sexual assault. The complainant told the appellant that she insisted on condom use during sexual intercourse. They engaged in intercourse on two occasions, but on the second occasion, unbeknownst to the complainant, the appellant did not wear a condom. The complainant testified that she had not consented to intercourse without a condom, and her evidence was that she would not have done so if asked.
At trial, following a successful no evidence motion, the appellant was acquitted of sexual assault. Relying on R. v...2021-12-072h 45Supreme Court of Canada HearingsRoss McKenzie Kirkpatrick v. Her Majesty the Queen (39287)(PUBLICATION BAN IN CASE)
The appellant, Mr. Kirkpatrick, was charged with sexual assault. The complainant told the appellant that she insisted on condom use during sexual intercourse. They engaged in intercourse on two occasions, but on the second occasion, unbeknownst to the complainant, the appellant did not wear a condom. The complainant testified that she had not consented to intercourse without a condom, and her evidence was that she would not have done so if asked.
At trial, following a successful no evidence motion, the appellant was acquitted of sexual assault. Relying on R. v...2021-12-072h 45
Supreme Court of Canada HearingsHer Majesty the Queen v. Patrick Dussault (39330)The respondent, Patrick Dussault, was arrested for murder and arson. Before his trial, he moved to exclude from the evidence an incriminating statement he had made to the police while being questioned; the reason he gave was that the statement had been obtained as the result of a violation of his right to counsel protected by s. 10(b) of the Canadian Charter of Rights and Freedoms. A voir dire was held. The trial judge dismissed the motion and found that the respondent’s statement was admissible in evidence. At his trial, the jury then found the respondent guilty of se...2021-12-062h 15
Supreme Court of Canada HearingsTamim Albashir v. Her Majesty the Queen (39277)(PUBLICATION BAN IN CASE)
On December 22, 2016, the appellant, Mr. Albashir, was charged with several offences related to his operation of a commercial trade, including living on the avails of prostitution contrary to s. 212(1)(j) of the Criminal Code, R.S.C. 1985, c. C-46, between March 15 and December 5, 2014. Despite finding factual guilt on all counts, the trial judge quashed the s. 212(1)(j) counts on the indictment as unconstitutional, relying on Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101. On December 20, 2013, in Bedford, the Court held that s. 212(1)(j) was overbroad and could not be saved under s. 1...2021-11-152h 11
Supreme Court of Canada HearingsLaw Society of Saskatchewan v. Peter V. Abrametz (39340)This case arises from disciplinary proceedings pursued by the appellant, the Law Society of Saskatchewan (“LSS”), against the respondent lawyer, Peter V. Abrametz. Those proceedings, which began with an audit investigation initiated in 2012, resulted in a January 10, 2018, decision in which a Hearing Committee of the LSS found Mr. Abrametz guilty of four counts of conduct unbecoming a lawyer. The convictions were for breaches of the Law Society of Saskatchewan Rules and the version of the Code of Professional Conduct that was then in effect.
On January 18, 2019, the Hearing Committee ordered Mr. Abrametz disbarred, with no right to appl...2021-11-093h 17