APPEAL WATCH: When Are Acquittals Appropriate on Appeal?
In R v Bouvette, 2023 BCCA 152 [Bouvette] the Court of Appeal for British Columbia (BCCA) set aside a guilty plea and ordered a stay of proceedings where the Crown...
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APPEAL WATCH: Uneven Scrutiny and Twin Myth Safeguards – A Cry for Clarity
Earlier in February of 2024, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of British Columbia Court of Appeal (“BCCA”) case R v Kinamore, 2023 BCCA...
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R v Bykovets: A Proactive Approach to Digital Privacy">R v Bykovets: A Proactive Approach to Digital Privacy
In R v Bykovets, 2024 SCC 6 [Bykovets], a 5-4 majority of the Supreme Court of Canada (“SCC”) found that Internet Protocol (“IP”) addresses are protected by the right against...
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APPEAL WATCH: SCC to Rule on Admissibility of Accuseds’ Criminal Records
The Supreme Court of Canada (“SCC”) will soon give direction to lower courts on how to assess the prejudicial and probative value of permitting an accused’s criminal record to be...
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The Clashing of Wage Restraint Legislation with s. 2(d) Collective Bargaining Rights
In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court...
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APPEAL WATCH: SCC to Opine on Fitness to Stand Trial Test
The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial. In its ruling in R...
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The Procedural Unfairness of the Law Society of Ontario’s Regulatory Bylaws
In Mirza et al v the Law Society of Ontario 2023 ONSC 6727, [“Mirza“] the Ontario Superior Court of Justice (“SCJ” or the “Court”) struck a balance between the requirements...
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Appeal Watch: Guilt and Conviction for Lesser Included Offences
In R v Wolfe, 2022 SKCA 132 [Wolfe], the Saskatchewan Court of Appeal (“SKCA”) affirmed that part VIII.1 of the Criminal Code, RSC 1985, c C-46 [Code] grants judges the...
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How Long is Too Long? SCC Interprets “Forthwith” Requirement for Breath Sample Demands
In R v Breault, 2023 SCC 9 [Breault], the Supreme Court of Canada (“SCC”) settled a long-running dispute regarding the flexibility of the immediacy requirement in situations where a police...
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R v Abdullahi: The (In)Flexibility of the Appellate Review of Jury Instructions
In R v Abdullahi, 2023 SCC 19 [Abdullahi], Canada’s highest court made a 6-1 ruling that an Ontario trial judge erred in law by insufficiently instructing the jury of the...
APPEAL WATCH: When Are Acquittals Appropriate on Appeal?
In R v Bouvette, 2023 BCCA 152 [Bouvette] the Court of Appeal for British Columbia (BCCA) set aside a guilty plea and ordered a stay of proceedings where the Crown...
APPEAL WATCH: Uneven Scrutiny and Twin Myth Safeguards – A Cry for Clarity
Earlier in February of 2024, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal of British Columbia Court of Appeal (“BCCA”) case R v Kinamore, 2023 BCCA...
R v Bykovets: A Proactive Approach to Digital Privacy">R v Bykovets: A Proactive Approach to Digital Privacy
In R v Bykovets, 2024 SCC 6 [Bykovets], a 5-4 majority of the Supreme Court of Canada (“SCC”) found that Internet Protocol (“IP”) addresses are protected by the right against...
APPEAL WATCH: SCC to Rule on Admissibility of Accuseds’ Criminal Records
The Supreme Court of Canada (“SCC”) will soon give direction to lower courts on how to assess the prejudicial and probative value of permitting an accused’s criminal record to be...
