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“Unsolicited, unnecessary, and contrary to stare decisis“: Dissent Criticizes SCC’s Majority Opinion in R. v. Sharma
In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court"] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional […]
R. v. C.P.: s. 37(10) of the Youth Criminal Justice Act Deemed Constitutional
On May 7, 2021, the Supreme Court of Canada (“SCC” or "the Court”) released the decision of R. v. C.P., 2021 SCC 19 [C.P.]. In the decision of C.P., the Court was tasked with ruling on the constitutionality of s. 37(10) of the Youth Criminal Justice Act, S.C. 2002, c.1 [YCJA]. Facts of the Case […]
R v Morrison: Child Luring Provisions are Tested by the Supreme Court of Canada
Online communication platforms give people the tools to engage in meaningful and productive ways. They have also given predators the opportunity to connect with children without supervision, and the ability to groom those children for the purpose of sexual abuse. Accordingly, Parliament has criminalized telecommunications with children for the purposes of facilitating sexualized discussions or […]