Trial judges have a unique ability to assess evidence in a criminal trial: they see the witness, hear the testimony, and decide whether someone is believable. These findings are sometimes informed by intangibles, things that any person would struggle to articulate. Where a judge fails to articulate the evidence supporting a negative credibility finding, they […]
The Ontario Court of Appeal (“ONCA”) has cracked down on consumer contracts.
Introduction In R v McGregor, 2023 SCC 4 [McGregor], the Supreme Court of Canada (“SCC”) dismissed an appeal from the Court Martial Appeal Court of Canada. This case involves the consideration of the extraterritorial application of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the […]
The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3 [“Hilbach”], the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court […]
The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3, the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court to […]