The accused were a group of Sri Lankan migrants apprehended from a ship off the west coast of British Columbia. They stood charged under s. 117 of the Immigration and Refugee Protection Act, which made it an offence to “organize, induce, aid or abet” the entry of people into Canada in a manner contrary with the Act. The accused mounted a constitutional challenge of s. 117 on the basis that it infringed the guarantee of “life, liberty, and security of the person” enshrined in s. 7 of the Charter. Continue reading
R. v. Nur, 2015 SCC 15
The Supreme Court of Canada’s decision in Nur considers the constitutionality of a three-year mandatory minimum sentence for unlicensed possession of a loaded firearm. Continue reading
Carter v. Canada (Attorney General), 2015 SCC 5
In Carter, the Supreme Court reconsidered the constitutionality of the prohibition on assisted suicide, which had previously been upheld in Rodriguez. Continue reading
Trinity Western University v. Nova Scotia Barristers’ Society, 2015 NSSC 25
In TWU v. NSBS, Nova Scotia’s Supreme Court delivered a resounding vindication for freedom of religion last month, overturning a Nova Scotia Barristers’ Society regulation which would have prohibited Trinity Western University graduates from practicing law in that province. Continue reading
Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59
The Canadian Bar Association and Trial Lawyers Association mounted a constitutional challenge of hearing fees imposed by the Province of British Columbia. The fees in question amounted to between $500 and $800 per day of court time. In the context of a ten-day family trial, the fees amounted almost to the family’s net income for an entire month. Continue reading
R. v. Mian, 2014 SCC 54
The accused, Mohammad Hassan Mian, was arrested for possession of cocaine for the purpose of trafficking, but not informed of the reason for his detention for 22 minutes, and not informed of his right to retain and instruct counsel for approximately 25 minutes. After cross-examining a number of police officers, defence counsel argued that police had violated Sections 10(a) and 10(b) of the Charter of Rights and Freedoms. Continue reading
R. v. Taylor, 2014 SCC 50
The accused, Jamie Kenneth Taylor, was arrested and taken to hospital after crashing his vehicle and injuring three of his passengers. Police suspected that Mr. Taylor was intoxicated but did not advise him of his right to retain and instruct counsel. While Mr. Taylor was at the hospital (in police custody), blood samples were taken to him. Continue reading
R. v. Spencer, 2014 SCC 43
The accused, Matthew David Spencer, was charged with possession and distribution of child pornography as a result of a police investigation using Limewire, an anonymous peer-to-peer file sharing software. Upon discovering an IP address which appeared to be the source … Continue reading
Canada (Attorney General) v. Whaling, 2014 SCC 20
When the federal government passed the Abolition of Early Parole Act, three inmates serving sentences for first-time, non-violent offences argued that the retroactive application of such legislation infringed their right not to be “punished again” for the same offence. When they were sentenced, these individuals were eligible for day parole after just one sixth of their custodial sentences were served. The new legislation, however, extended their sentences far beyond what was initially imposed. Continue reading
Canada (Attorney General) v. Bedford, 2013 SCC 72
The Respondents, a group of prostitutes and former prostitutes, argued that a number of Criminal Code provisions prohibiting expression and commercial activities relating to prostitution were in breach of Sections 7 and 2(b) of the Charter of Rights and Freedoms: Continue reading