The BC Court of Appeal overturned the acquittal of Jennifer Nicole Nagle on a charge of possession of methamphetamine for the purpose of trafficking, ruling that travelers leaving Canada can be searched in much the same way as travelers entering Canada. Continue reading
R. v. Hill, 2012 ONSC 5050
Roland Hill challenged the constitutionality of Section 753(1.1) of the Criminal Code, arguing that it violated the presumption of innocence and principles of fundamental justice insofar as shifted the burden of proof onto convicted offenders to demonstrate that they should not be prosecuted as “dangerous offenders.” Continue reading
Association of Justice Counsel v. Canada (Attorney General), 2012 ONCA 530
This appeal stemmed from a labour dispute between Canada’s Department of Justice and its lawyers (the Association of Justice Counsel), who argued that the federal government’s Expenditure Restraint Act prevented them from exercised their right to collective bargaining, thereby infringing their right to freedom of association under Section 2(d) of the Charter of Rights and Freedoms. Continue reading
Filed under Section 2(d): Freedom of Association
R. v. Bacon, 2012 BCCA 323
This decision involved analysis of the principles articulated in R. v. Grant, and their application to a suspected gang leader whose vehicle proved to contain a number of prohibited and restricted firearms. Continue reading
R. v. He, 2012 BCCA 318
In R. v. He, The British Columbia Court of Appeal upheld a lower court decision, dismissing charges against the owners of the Sushi Man Japanese Restaurant in North Vancouver, sending a strong message to the Canada Revenue Agency that it cannot use its audit functions to gather evidence for a criminal investigation. Continue reading
Filed under Section 8: Search & Seizure
R. v. Bellusci, 2012 SCC 44
The Appellant, Riccardo Bellusci, had been charged with assault and intimidation of a justice system participant after an altercation with a prison guard while being transported from court to jail. Mr. Bellusci was acquitted of the assault charges and a judicial stay of proceedings was entered in regard to the “intimidation” charge: Continue reading
R. v. Lewis, 2012 ONCJ 413
In R. v. Lewis, Justice Bellefontaine of the Ontario Court of Justice applied the precedent-setting decision in R. v. Smickle, to strike down a three-year mandatory minimum sentence for “trafficking” in firearms. Continue reading
R. v. Roy, 2012 SCC 26
Although not decided on the basis of the Charter, this case provides valuable insight into the necessary fault requirement for a criminal conviction, breathing new meaning into the “principles of fundamental justice” stemming from our common law tradition, and later enshrined in Section 7 of the Charter of Rights and Freedoms. Continue reading
Pridgen v. University of Calgary, 2012 ABCA 139
In the Pridgen case, the Alberta Court of Appeal upheld a Court of Queen’s Bench ruling, which held that the right to freedom of expression under Section 2(b) of the Charter applies to students on university campuses. Continue reading
R. v. Tse, 2012 SCC 16
In R. v. Tse, 2012 SCC 16 (CanLII), Section 184.4 of the Criminal Code, which allowed police to wiretap individuals without their knowledge or consent, was declared to be an unreasonable infringement on the right to be free from unreasonable search an seizure. Continue reading
Filed under Section 8: Search & Seizure