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Right to Counsel May be Renewed: SCC Affirms in R v Dussault
In April 2022, the Supreme Court of Canada (“SCC”) rendered a decision about a detainee’s right to counsel, pursuant to s. 10(b) of the Canadian Charter of Rights and Freedoms [Charter]. Writing...
View Article“Unsolicited, unnecessary, and contrary to stare decisis:“ Dissent Criticizes...
In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court”] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This...
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 ArticleAppeal Watch: SCC to Decide if s. 23 Minority Language Education Rights...
In 2021, the Northwest Territories Court of Appeal (“NWTCA”) assessed two applications for judicial review for access to s. 23 minority language schools by families that were not prima facie entitled...
View ArticleCMAC Rules Military Judges Are Not Independent or Impartial: R v Christmas
On February 2, 2023, the Supreme Court of Canada (“SCC”) granted leave to appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Christmas, 2020 CM 3009 [Christmas]. In this...
View Article“Saved by the Valve:” Refugees and Concerns with the Safe Third Country...
In Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17 [CCR], the Supreme Court of Canada (the “Court” or “SCC”) unanimously confirmed the designation of the United...
View Article“Saved by the Valve:” Analysis and Takeaways from Canadian Council for...
To view a summary of the decision in Canadian Council for Refugees v Canada (Citizenship and Immigration), 2023 SCC 17, see the first installment of this post here. In this follow-up article, I...
View ArticleAPPEAL WATCH: Third Party Political Ad Spending Returns to the SCC Docket
On November 9, 2023 the Supreme Court of Canada (the “SCC”, or the “Court”) granted the Attorney General of Ontario’s application for leave to appeal [40725] from Working Families Coalition (Canada)...
View ArticleThe Clashing of Wage Restraint Legislation with s. 2(d) Collective Bargaining...
In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court...
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,...
View ArticleRight to Counsel May be Renewed: SCC Affirms in R v Dussault
In April 2022, the Supreme Court of Canada (“SCC”) rendered a decision about a detainee’s right to counsel, pursuant to s. 10(b) of the Canadian Charter of Rights and Freedoms [Charter]. Writing...
View ArticleAppeal Watch: SCC to Decide if s. 23 Minority Language Education Rights...
In 2021, the Northwest Territories Court of Appeal (“NWTCA”) assessed two applications for judicial review for access to s. 23 minority language schools by families that were not prima facie entitled...
View ArticleCMAC Rules Military Judges Are Not Independent or Impartial: R v Christmas
On February 2, 2023, the Supreme Court of Canada (“SCC”) granted leave to appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Christmas, 2020 CM 3009 [Christmas]. In this...
View ArticleAppeal Watch: Can’t Talk to Your Head of State? SCC to rule on Unilingual...
In the Acadian Society of New Brunswick v The Right Honorable Prime Minister of Canada, the Supreme Court of Canada (“SCC”) will decide whether the Lieutenant-Governor of New Brunswick must be...
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