In R v McKee [41110], the Supreme Court (SCC) will decide whether a document in the possession of the Crown – containing information of police misconduct – obtained in respect of a unrelated investigation constitutes first-party disclosure automatically provided to the accused. This decision will likely turn on whether the Supreme Court adopts a narrow or broad […]
In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 [Carroll-Byrne], the Transportation Safety Board of Canada (“the Board”) sought to appeal the Supreme Court of Nova Scotia’s (“NSSC”) interlocutory decision (Carroll-Byrne v Air Canada, 2019 NSSC 339 [Air Canada]) to allow the conditional release of the contents of the cockpit voice recorder (“CVR”) of […]
Introduction When a breathalyzer is prepared for use by a police officer, it performs a series of internal and external diagnostic tests to ensure the accuracy of the results of the tests. After the breath samples are taken, the breathalyzer machine prints the results of the diagnostic tests, which are later provided to the accused […]
Introduction In two recent decisions from the Supreme Court of Canada (“SCC” or "the Court"), R v Awashish, 2018 SCC 45 [“Awashish”] and R v Gubbins, 2018 SCC 44, the SCC addressed issues of criminal procedure in the context of impaired driving proceedings. In Awashish, the issue was whether remedies through certiorari are available for […]
Judgment creditors across Canada…Here ye, here ye! On November 17, 2016, the Supreme Court of Canada was presented with a weighty opportunity to determine how Canada’s federal privacy law, Personal Information Protection and Electronic Documents Act ("PIPEDA"), could affect judgment creditors and mortgagees. In its long-awaited decision, the unanimous Court delivered a practical, balanced, and sound […]
In Wakeling v United States of America, 2014 SCC 72, the Supreme Court of Canada (“SCC”) considered the constitutionality of the legislative scheme surrounding the disclosure of information collected through wiretaps to foreign governments. In a 3-1-3 split decision, the Court dismissed this challenge to the Criminal Code, RSC 1985, c C-46. While grappling with […]
The Canadian Broadcasting Corporation ("CBC") is under fire from Canadian Information Commissioner Suzanne Legault ("Information Commissioner") for recent decisions refusing disclosure requests. While it is usually parliamentarians and public servants who are the subject of Ms. Legault’s criticism, it is now CBC who has been put in the hot seat by Ms. Legault. CBC vs. […]
In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, [2010] 1 S.C.R. 815, McLachlin C.J. and Abella J. hold that "[a]ccess to information in the hands of public institutions can increase transparency in government, contribute to an informed public, and enhance an open and democratic society. Some information in the hands of those institutions […]
“We trust that AT&T won’t take it too personally,” wrote Chief Justice Roberts of the U.S. Supreme Court ("SCOTUS") regarding the outcome of a case concerning corporate privacy rights. Flowing from a spate of privacy cases at SCOTUS (most notably, Snyder v. Phelps covered by fellow Contributing Editor, Alysia Lau here and our Amici Curiae […]
Originally argued in front of the Supreme Court of the United States (SCOTUS) last fall to lively online and media debate, the recent decision of NASA v Nelson (2011) 562 U.S. was released on January 19, 2011 to considerably less fanfare in the blogosphere. Background As discussed in my prior post about this case, at issue […]