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 […]
When evidence is collected via conduct that violates an accused person’s rights under the Canadian Charter of Rights and Freedoms, 1982 Sched B to the Canada Act 1982 (UK), 1982, c 11 [Charter], courts must analyze whether theevidence ought to be excluded as provided by s. 24(2) of the Charter. The s. 24(2) analysis was […]
Before September 2019, jury selection in criminal trials could be challenged by both the accused and the Crown. Section 634(1) of the Criminal Code, RSC 1985, c C-46 previously permitted both the accused and the Crown to challenge a limited number of jurors peremptorily.
Content Warning: This article includes depictions of sexual violence that may evoke strong emotions. Unique to criminal procedure in the common law system is the option to have a case tried before a jury. When an appellate court is tasked with reviewing a decision made by a jury, they must act with caution not to […]
Update: On March 25, 2021, the SCC granted leave in A.S. v Her Majesty the Queen, et al. (39516), an appeal of an Ontario Superior Court decision finding ss 278.92, 278.94(2), and 278.94(3) unconstitutional. That case will be heard alongside R v J.J. Cross-examination can be a re-traumatizing experience for complainants in sexual offences trials—not least […]
Introduction When an individual is placed on a Long Term Supervision Order (“LTSO”) as a result of a criminal proceeding, they are required to follow conditions set by the Parole Board. These can include residency conditions, such as requiring an individual stay in a community correctional centre, commonly referred to as a “halfway house”. Section […]
Introduction Often, the Supreme Court of Canada ("SCC") issues reasons for their decisions without writing a lengthy judgment of its own. It is easy to overlook these cases as unimportant and inconsequential, as the SCC itself simply adopted the decision of a lower court. The recent case R v Culotta, 2019 SCC 33 [R v […]
