A response to R v Boutilier and the Constitutionality of Indeterminate Sentences
The following post responds to Devon Kapoor’s earlier case comment, which can be found here. Mr. Kapoor’s insightful post discusses a central issue in R v Boutilier, 2017 SCC 64 [Boutilier]: whether...
View ArticleIn Your Own Backyard: The Implied Licence Doctrine and Section 8 of the...
Do police officers have the power to enter a person’s backyard without express permission from the owner? On January 25, 2018, the Ontario Court of Appeal (“ONCA”) released R v Le, 2018 ONCA 56 [Le], a...
View ArticleCMDS v CSPO (Part 1): ONSC Weighs Religious Physicians’ Charter Claim
On January 31, the Ontario Divisional Court released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first of this two-part post,...
View ArticleCMDS v CSPO (Part 2): ONSC Weighs Religious Physicians’ Charter Claim
On January 31, the Ontario Superior Court (“ONSC”) released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first half of this...
View ArticleR v G.T.D.: When Six Words in a Police Caution Infringe Rights to Counsel
“Do you wish to say anything?” On February 14, 2018, the Supreme Court of Canada (“SCC”) decided in R v G.T.D., 2018 SCC 7 [G.T.D.] that those six words, said by an arresting officer to the accused,...
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Parliamentary Privilege: Are the President’s Hands Tied?
Should an employer have the right to dismiss an unionized employee without a grievance process? What if the employer is the President of the National Assembly of Quebec? This post reviews the scope of...
View ArticleMinister of Public Safety and Emergency Preparedness v Chhina: Can...
With the high-profile coverage of Ebrahim Toure and Kashif Ali, issues surrounding immigration detention has received increased scrutiny from public and legal communities alike. In a few weeks, the...
View ArticleR v Boudreault: Imagine There’s No Surcharge
What does it mean to say that a law is constitutional or not? What are we getting at when a label of constitutionality is attached to a law? Of course on one level, we are asking whether a particular...
View ArticleR v Reeves: Shared Computer? Don’t Fret—Your Secrets are Safe
People share things. They share rooms, apartments, and wi-fi passwords. They share socks, Netflix accounts, and leftovers. But what does this sharing entail, exactly? As a shared owner, what rights do...
View ArticleBad Blood? R v Culotta Addresses Admissibility of Admissibility of Blood...
Introduction Often, the Supreme Court of Canada (“SCC”) issues reasons for their decisions without writing a lengthy judgment of its own. It is easy to overlook these cases as unimportant and...
View ArticleBreaking the News: What the Cases of Marie-Maude Denis and Justin Brake Could...
Today’s world is difficult for journalists and freedom of the press values. In the United States, President Donald Trump has described independent journalists as the “enemy of the state.” Increasingly,...
View ArticleCollateral Attacks: R v Bird Limits Collateral Attacks against Long Term...
Introduction When an individual is placed on a Long Term Supervision Order (“LTSO”) as a result of a criminal proceeding, they are required to follow conditions set by the Parole Board. These can...
View ArticleBreach of the Peace: ONCA Addresses Police Power to Arrest in Fleming v Ontario
Tensions can run high during political demonstrations, and police are often deployed to monitor the situation and prevent an escalating conflict. In doing so, police have a common law power to arrest...
View ArticleRight to be Tried Within a Reasonable Time: R v KJM and Presumptive Ceilings...
How should the section 11(b) Charter right to a trial within a reasonable time be applied to the youth justice system? In R v KJM, 2018 ABCA 278 (KJM), the Alberta Court of Appeal (“ABCA”) grappled...
View ArticleR v Morrison: Child Luring Provisions are Tested by the Supreme Court of Canada
Online communication platforms give people the tools to engage in meaningful and productive ways. They have also given predators the opportunity to connect with children without supervision, and the...
View ArticleR v Mills : The Limits of Privacy in the Internet Age
In the age of the Internet the distinction between public and private information has become blurred. The norms about what types of information are entitled to privacy on the Internet is contested in...
View ArticleSetting the Scene: R v Le and the Importance of Context in s. 9 Analysis
Introduction Author’s Note: A previous article for TheCourt.ca analyzes the decision of the Ontario Court of Appeal, here. How we, as individuals, interpret our interactions with the police is highly...
View ArticleCambie Surgeries v BC: A Constitutional Right to Access Private Heath Care?
Reduced waitlists. More immediate access to diagnostic services. Less time spent waiting for surgery. All sound like luxuries compared to our current health care system, but there’s a catch: only...
View ArticleR v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches
When someone’s Charter rights are breached, s. 24(1) of the Charter provides that a court can issue a remedy to the individual for the breach. In criminal cases, the remedies can take various forms,...
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Parliament Must Leave Door Open for Offender Rehabilitation: SCC in R. v....
On May 27, 2022, the Supreme Court of Canada (“SCC”) decided R. v. Bissonnette, 2022 SCC 23 [Bissonnette], in which the Court considered the constitutional status of s. 745.51 of the Criminal Code,...
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