In its recent decision, R v Ndhlovu, 2022 SCC 38 [Ndhlovu], the Supreme Court of Canada [“SCC”] struck down two provisions of the Criminal Code, RSC 1985, c C-46 [“the Code”] relating to registration of offenders convicted of designated sexual offences in the national sex offender registry. In its 5-4 ruling, the majority held that […]
This is the second part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]
This is the first part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]
The Supreme Court of Canada (“SCC”) recently heard the Crown appeal of R v Borowiec, 2015 ABCA 232 (“R v MB”). The case is significant given the possibility for a change in the law of infanticide in Canada, as the Crown has argued for the need for greater clarity of what constitutes a ‘disturbed mind’ […]
The Supreme Court’s judgment in R v Meer [2016 SCC 5] was very brief. In essence: appeal dismissed; majority below—right, dissent—wrong. The case itself, however, as described in the reasons of the Alberta Court of Appeal (“ABCA”) [2015 ABCA 141] from which the appeal was made, has all the qualities of a soap opera. It […]
Some time ago, I wrote a piece on the one line Supreme Court of Canada (“SCC”) holding that the appeal in R v Riesberry [Riesberry] is to be dismissed. In that article, I purported to prognosticate on the ratio to be derived from what, on the facts, appears to be a straightforward case. Briefly: a […]