Evidence

Making Sense of Consequential Charter Breaches After R v Zacharias

Appeal Watch: Is a closing window to address a future safety risk urgent? R v Campbell

Confessions, Confidentiality and Consent: Re-Visiting Therapist-Client Privilege in R v Chatillon 

R v Metzger : The Supreme Court overrules the Trial Judge on Findings of Fact

Resisting Simplification: The Judicial Legacy of the Honourable Michael Moldaver

Barendregt v Grebliunas: The SCC clarifies whether new evidence can be introduced on appeal

In Barendregt v Grebliunas, 2022 SCC 22 [Barendregt], the Supreme Court of Canada ("SCC") examines the process by which new information can be introduced by the parties on appeal, specifically in the context of parenting relocation applications. Examining the various interests at play in a relocation application, the SCC ultimately concludes that finality is one […]

A “Fresh Start” Doctrine: R v Beaver Protects Investigations from Charter Breaches

Serious Charter breaches risk undermining society’s confidence in Canada’s justice system. For this reason, courts have developed many comprehensive doctrines to guide police conduct in criminal investigations and to determine when the police have intruded too far into individual rights. In R v Beaver, 2022 SCC 54 [Beaver], the Supreme Court of Canada discussed four […]

R. v. Tim: SCC Upholds Convictions Despite Unconstitutional Search

In R v Tim, 2022 SCC 12 [Tim], the Supreme Court of Canada (“SCC” or “the Court”) affirmed convictions for drug and firearm offences despite the initial arrest having been made by a police officer who mistakenly identified the prescription drug gabapentin as a controlled substance. The dissent would have acquitted the accused, finding that […]

R v JJ : The SCC Expands the Privacy Rights of Sexual Assault Complainants

In R v JJ (2022 SCC 28) (“JJ”), the Supreme Court of Canada (“SCC”) considered the scope and legality of Bill C-51, which attempts to remove some of the hurdles that prevent victims of sexual assault (hereinafter referred to as “complainants”) from coming forward. The Bill was enacted in 2018, as An Act to amend […]

Common Sense, Speculative Reasoning, and Judicial Notice: SCC Grants Leave in R v Kruk

Content Warning: This article includes details about an allegation of sexual assault that may evoke strong emotions. In R v Kruk, 2022 BCCA 18 [Kruk], the British Columbia Court of Appeal ("BCCA") noted that "[relying] on … life experience to assess the credibility of witnesses is a daily and appropriate exercise for trial judges" (Kruk, […]