Trial judges play many roles, but one of their main tasks is determining what evidence is admissible. As a rule, all relevant evidence is admissible. But how do trial judges determine relevance, and what can they not take into account? This was the main question in R v Schneider, 2022 SCC 34 [Schneider], which the […]
Should the police be allowed to conduct interviews without warning people that what they said could be used against them in court? In a landmark and controversial decision (R v Tessier, 2022 SCC 35), the Supreme Court engaged in a deep analysis and modification of the common-law confessions rule.
In R v Stairs, 2022 SCC 11 [Stairs], the Supreme Court of Canada (“SCC”) attempted to balance privacy rights and law enforcement objectives. The court addressed the question of when, and under what circumstances, officers can search an arrested person’s home without a warrant. The unsettling answer is: more often than you would expect.
In R v JD, 2022 SCC 15 (“JD”), the Supreme Court of Canada interpreted s. 669.2(3) of the Criminal Code (“the provision”) for the first time. Continuation of Proceedings669.2 (3) If no adjudication madeSubject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial […]
When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203 [Beaver], the Court of Appeal of Alberta (“ABCA” or “Court of Appeal'') ruled that courts can admit such evidence if a proper “fresh start” occurred […]
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 […]
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 […]