Live from the SCC
R v Barton: Interventions to Determine the Role of Interventions
In the 25 years since the introduction of the Canadian Charter of Rights and Freedoms [“Charter”], the Supreme Court of Canada (“SCC”) has become increasingly open to third-party intervenors, expanding their role within our justice system. However, new questions have arisen about the efficacy of such interventions as the Court opens its doors to more […]
Highwood Congregation v Wall : SCC Considers Religious Excommunication Appeal
On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview of the case’s factual and legal background ahead of the hearing. During the appeal I live-tweeted most of the proceedings, which can can be viewed on my […]
Live from the SCC: R v Bourgeois & the Importance of Deference and Procedural Fairness
On October 13th, The Supreme Court of Canada (SCC) heard arguments (and subsequently made a decision) in R v Bourgeois, 2017 SCC 49 [Bourgeois], an as of right appeal dealing with the circumstances in which it is justified for an appellate court to intervene and declare a trial decision an unreasonable verdict pursuant to section […]
Live From the SCC: Ktunaxa Nation v Minister of Forests, Lands, Natural Resource Operations
The Supreme Court of Canada heard arguments on December 1st about whether section 2a of the Charter – the provision that protects religious freedom in our country—could be extended to include an Aboriginal spiritual connection to land. This is the first time the Supreme Court will consider an Aboriginal religious freedom claim under the Charter. […]
Live from the SCC: Extending Time to Respond to Carter v Canada
On February 6, 2015, the Supreme Court of Canada (“SCC”) handed down its decision in Carter v Canada (Attorney General), [2015] 1 SCR 331 [Carter] – a historic ruling wherein the criminal prohibition on physician assisted suicide was declared unconstitutional, inconsistent with section 7 of the Charter. The declaration of invalidity was suspended by one […]
Live from the SCC: Andelina Kristina Hecimovic v Her Majesty the Queen
The Supreme Court of Canada (“SCC”) has handed down another decision on dangerous driving in Andelina Kristina Hecimovic v Her Majesty the Queen. Hecimovic was charged with two counts of dangerous driving causing death. The British Columbia Supreme Court acquitted her. The BC Court of Appeal allowed an appeal from the acquittal and ordered a new trial. […]
Live from the SCC: The Significance of Animal Advocates in the Court in R v DLW
On November 9, 2015, in assessing the scope of the prohibition on bestiality under s. 160 of the Criminal Code, RSC 1985, c C-46 in Her Majesty the Queen v DLW, the Supreme Court of Canada was asked, for what is believed to be the first time in Canadian history, to consider a piece of legislation […]
Live from the SCC: Steven Michael Neville v The Queen
The Supreme Court of Canada (“SCC”) has handed down a decision on Steven Michael Neville v The Queen, a criminal right of appeal case that centred around the jury’s question of whether “to kill” was the same as “to murder.” The trial judge’s instructions left the answer to this question unclear, leading to concerns that […]
Live from the SCC: Canada's Forgotten People Have Hope in Harry Daniels v The Queen
The Metis and non-status Indians of Canada have fallen through the cracks of this country. Yesterday, the Supreme Court of Canada livestreamed their hearing of Harry Daniels v The Queen [Daniels], a case that may bring some relief to Canada’s “forgotten people” (in the words of Ian Cowie, one of the appellants’ witnesses). Daniels has […]