The decision from the SCC in R. v. Hape, 2007 SCC 26 illustrates the dangers that lie in developing theory on a bad set of facts. The central feature of the case is that the police acted reasonably, and believed that they had warrants, in spite of the lack of documentary evidence on the point. […]
R. v. Pittiman, [2006] 1 S.C.R. 381, broaches the related issues of inconsistent verdicts among co-accused and the legal decision-making ability of juries. The appellant, Roopnarine Pittiman, was jointly charged with two co-accused of sexually assaulting the 14-year-old complainant. Following a trial by judge and jury, Mr. Pittiman was convicted of the offence and his […]
On Sept 7, Citizenship and Immigration Canada provided an Operational Bulletin in response to the SCC’s Oct 21, 2005 decision in Hilewitz v. Canada (Minister of Citizenship and Immigration); De Jong v. Canada (Minister of Citizenship and Immigration), 2005 SCC 57. Dealt with in one judgment, the two appellants share a common story. They, along […]
It appears that after last week’s Ontario Court of Appeal (OCA) decision in R. v. L.B., the chances of having a gun excluded from evidence in criminal proceedings is next to impossible. Justice Moldaver’s reasons, which were fully supported by Justices MacPherson and Cronk, make it clear that the OCA is taking a hard line […]
Ten years ago, the Provincial Judges Reference had a mixed reception. It was variously hailed as a novel use of unwritten constitutional principles and a boon for judicial independence, and chided as an act of naked self-interest by a group of judges who took judicial law-making to a whole new level. In the years since, […]
After Vancouver was announced as the host city for the 2010 Olympic and Paralympic Games, the rapid transit project linking the municipalities of Richmond and Vancouver together with the YVR airport (RAV is an acronym for Richmond-Airport-Vancouver) took off. Later renamed the Canada Line, this project has a projected finish date in 2009 so as […]
With the acquittal of Steven Truscott, the integrity of Canada's criminal justice system has once again come under heavy fire. If readers' comments here at The Court are any indication, many Canadians are not only deeply concerned with the plight of the falsely accused, but share a waning belief in the existence of effective criminal […]
On February 25, 2005, Tsiaprailis v. Canada, [2005] 1 S.C.R. 113 was released by the SCC. This appeal involves an income tax case that considers whether a portion of a lump sum payment based on an amount owing for past disability benefits is made "pursuant to a disability insurance plan", and hence taxable under s. […]