Strategizing in the Shadow of Precedent: Another look at Henry v British Columbia

An earlier post provided a summary of Henry v British Columbia, 2015 SCC 24 [Henry]. Unanimously overturning a decision of the British Columbia Court of Appeal (“BCCA”), the Supreme Court of Canada (“SCC”), held that the plaintiff, who was wrongfully convicted and consequently spent twenty seven years in prison for crimes he did not commit, […]

Clearing the fog? St. Cloud and the Reinterpretation of Bail Procedure

The death of Bridgett Takyi, a 27-year-old mother, represents the worst nightmare of any Justice of the Peace. In Ontario, justices make critical decisions, such as whether an accused should be released from jail pending trial. While out on bail for charges including assault and uttering death threats against Ms. Takyi, Emmanuel Owusu-Ansah, Ms. Takyi’s […]

R v Tatton: The Confounding Distinction between Specific and General Intent

The Supreme Court of Canada’s (“SCC”) recent decision in R v Tatton, 2015 SCC 33 [Tatton] takes place in the context of a larger and more protracted debate about the defence of intoxication. In what cases, if any, can a self-induced state of intoxication negate intent, and provide an accused with a full acquittal? Courts […]

SCC Denies Charter Protection to Tax Adviser Hit with a Huge Monetary Penalty

The Supreme Court of Canada’s (“SCC”) decision in Guindon v Canada, 2015 SCC 41 [Guindon] has been eagerly awaited by lawyers in the area of taxation. It deals with a relatively new provision in the Income Tax Act, RSC 1985, c 1 (5th Supp), s. 163.2, that allows third parties, such as tax advisers or […]