To delay or not to delay? SCC ponders in Law Society of Saskatchewan v Abrametz

It is widely known that the Canadian court systems are generally plagued by delay for many reasons such as lack of resources, high volume of cases, etc. During COVID-19, it was observed that delay was further exacerbated due to lockdowns, which created additional barriers to access to justice. In contrast, administrative law and administrative decision-makers […]

Binding or Not? The SCC to Comment on Horizontal Stare Decisis in Appeal of R v Coban

The Supreme Court of Canada (“SCC”) has granted leave [40223] for the Canadian Broadcasting Corporation (“CBC”) et al to appeal R v Coban, 2022 BCSC 880 [Coban].

“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma

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 decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional […]

The CUPE Cause Célèbre: Provinces Spend beyond what Canada’s Constitutional Drafters Budgeted For

Introduction On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back to work’ legislation from judicial scrutiny. The legislation, known as the Keeping Students in School Act, 2022, would have terminated any on-going strike by the Canadian […]

Maple Syrup Gone Wrong

Introduction: R v Vallières, 2022 SCC 10 revolves around a criminal enterprise transacting stolen maple syrup. This case marks the ultimate decision regarding a decade-long, notorious maple syrup heist uncovered in 2012.