On May 7, 2021, the Supreme Court of Canada (“SCC” or "the Court”) released the decision of R. v. C.P., 2021 SCC 19 [C.P.]. In the decision of C.P., the Court was tasked with ruling on the constitutionality of s. 37(10) of the Youth Criminal Justice Act, S.C. 2002, c.1 [YCJA]. Facts of the Case […]
The open court principle has long been a protected right under s. 2(b) of the Canadian Charter of Rights and Freedoms [Charter]. In 1989, the Supreme Court of Canada (“SCC” or “the Court”) confirmed that “the courts must be open to public scrutiny and to public criticism of their operation by the public” (Edmonton Journal […]
Ontario Teacher Candidates’ Council v The Queen, 2021 ONSC 7386 [Ontario Teachers] has made headlines as Premier Doug Ford’s provincial government continues their education reform plan—this time, to the detriment of teacher aspirants.
Canadian law is clear that liability extends to ‘lookouts’ and ‘get-away’ drivers. For this reason, an accused cannot put forward the defence that they were not directly involved in the offence and are thereby innocent. The Supreme Court of Canada (“SCC”), however, encounters difficulties when applying the law on abetting and counselling in R v […]