The Supreme Court of Canada (“SCC”) has dismissed the appeal in Saskatchewan (Environment) v Métis Nation, 2025 SCC 4 [Métis Nation]. A unanimous court found that proceedings for judicial review which raise similar issues to ongoing or past litigation do not inherently amount to an abuse of process. In doing so, the SCC has clarified the extent to […]
When the police investigate crime over the internet, they do so on a tightrope, perilously close to tumbling into privacy violation, random virtue testing, or worst of all, entrapment. At the end of 2022, in four related appeals, the Supreme Court of Canada considered these dangers and the validity of internet-based sting operations. The bulk […]
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 […]
How are courts to deal with instances where solicitor-client privilege and the right to full answer and defence – both principles of fundamental justice, protected under section 7 of the Charter – come into conflict? More specifically, can solicitor-client privilege between the Crown and police be abrogated in a criminal proceeding, so that the accused […]
In R v Babos, 2014 SCC 16 [Babos], the issue was whether the Crown misconduct, in the form of intimidation and threats, was severe enough to warrant a stay of proceedings for the accused. A 6-1 majority of the Supreme Court of Canada (SCC) has held that prosecutorial misconduct or abuse of process must be […]
Having taken criminal law courses in law school, and having written numerous commentaries on criminal cases before the courts for TheCourt.ca, I have developed a rather strong stomach. Not much gets under my skin anymore. One case decided by a lower court in Ontario earlier this month stood out for me, though. The case of […]
Last week, TheCourt.ca glossed a case heard at the Alberta Court of Appeal, which essentially blocks animal activists from seeking a court declaration that the City of Edmonton is mistreating Lucy, the lone elephant in the zoo. Justice Slatter, with Justice Costigan concurring, penned the reasons for judgment of the majority of the bench. The […]