The relationship between an accused and their defence lawyer is a crucial one; the performance of the defence lawyer can determine whether the accused is given the best defence possible during their criminal proceedings. In R v White, 2022 SCC 7 [White SCC], the Supreme Court of Canada (“SCC” or "the Court") considered whether a […]
Introduction Criminal law is oftentimes understood as an outcome-oriented field of law, wherein procedure in the criminal justice system is ultimately aimed at achieving an outcome – guilty or not guilty. However, the procedure to obtain a conviction is just as important, if not even more significant, than the conviction itself. If procedure utilized in […]
How should criminal courts account for the existence of systemic and pervasive anti-Black racism when sentencing Black offenders? This is the question that the Nova Scotia Court of Appeal (“NSCA”) grappled with in R v Anderson, 2021 NSCA 62 [Anderson]. More specifically, the appellate court examined how evidence from ‘Impact of Race and Culture Assessments’ […]
When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203 [Beaver], the Court of Appeal of Alberta (“ABCA” or “Court of Appeal'') ruled that courts can admit such evidence if a proper “fresh start” occurred […]
Introduction Generally, a criminal matter in Canada can only have two outcomes: (1) an accused is found not guilty and acquitted or (2) found guilty, whereby a conviction is entered. However, in R v R.V., 2021 SCC 10 [R.V.] the Supreme Court of Canada ("SCC") clarifies what happens in a scenario where an accused is […]
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 […]
Strip searches are an invasive police power that, if conducted without the proper preconditions, can infringe s. 8 of the Charter of Rights and Freedoms 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11(“the Charter”). S.8 protects an individual’s right to be secure against unreasonable search and seizure. It is established in […]
Introduction The Ontario Court of Appeal [“ONCA”] opens the case of R v Morris, 2021 ONCA 680 [“Morris”] with a revolutionary admission that “it is beyond doubt that anti-Black racism […] continues to be, a reality in Canadian society, and in particular the Greater Toronto Area” (Morris, para 1). The appellate court’s powerful declaration is […]
In R. v. Johnston, 2021 BCCA 34 [Johnston], the British Columbia Court of Appeal (“BCCA”) quashed the convictions of both Matthew James Johnston and Cody Rae Haevischer on six counts of first-degree murder and one count of conspiracy to commit murder. On December 2, 2021, the Supreme Court of Canada (“SCC”) granted leave for the […]
The Supreme Court of Canada (“SCC”) will refine its jurisprudence on extraterritorial applications of the Canadian Charter of Rights and Freedoms [the Charter] when it hears Corporal C.R. McGregor v Her Majesty the Queen (SCC 39543). The bench is also expected to explore the s. 8 Charter right to be secure against unreasonable search or […]