Mr. Smickle was convicted of possession of a loaded firearm, contrary to Section 95(1) of the Criminal Code, which carries a mandatory minimum sentence of three years’ incarceration. The Charter issue was raised on sentencing, and concerned the issue of whether three years’ incarceration was “cruel and unusual punishment” given the circumstances of Mr. Smickle’s offence. Continue reading
R. v. D.A.I., 2012 SCC 5
The D.A.I. case involved a mentally challenged 23-year-old complainant who alleged that her mother’s common law partner had repeatedly sexually assaulted her over a period of four years. The complainant’s mental capacities were found to be equivalent to those of a three- to six-year-old child and the trial judge excluded her evidence because it had not been shown that she understood the duty to testify truthfully. Continue reading
Filed under Section 11: Legal Rights
Crookes v. Newton, 2011 SCC 47
In the landmark case of Crooks v. Newton, the Supreme Court of Canada clarified the law of defamation in the context of the internet, stating that merely linking to defamatory content on another web page does not constitute “publication,” and therefore is not defamatory in and of itself. Continue reading
R. v. Loewen, 2011 SCC 21
A police officer had smelled marijuana on the Appellant, Derek Loewen, after stopping him for speeding, and came to the conclusion that he had committed the indictable offence of possession for the purpose of trafficking. The officer proceeded to search Mr. Loewen and found 100 grams of crack cocaine. This appeal dealt with the legality of the detention and search. Continue reading
Ontario (Attorney General) v. Fraser, 2011 SCC 20
In Ontario (Attorney General) v. Fraser, the Supreme Court of Canada considered the extent to which collective bargaining rights are covered by the guarantee of freedom of association, and ultimately struck down an Ontario Court of Appeal decision on the matter as being too broad. Continue reading
Withler v. Canada (Attorney General), 2011 SCC 12
Withler v. Canada was based on a pair of class actions claiming that the Public Service Superannuation Act and Canadian Forces Superannuation Act discriminated on the basis of age in the allocation of death benefits to the spouses of deceased federal employees and military personnel. Continue reading
Filed under Section 15: Equality Rights
Vancouver (City) v. Ward, 2010 SCC 27
Vancouver lawyer, Alan Cameron Ward, sued the police for violating his right to be free from unlawful search and seizure, pursuant to Section 8 of the Charter of Rights and Freedoms. At issue in the Supreme Court of Canada were the circumstances in which a court can order monetary damages as compensation for a Charter breach. Continue reading
R. v. Harrison, [2009] 2 SCR 494
Bradley Harrison and a friend were driving from Vancouver to Toronto in a rented SUV when an Ontario police officer stopped them for having no front license plate. Because the vehicle was registered in Alberta, there was no legal requirement that it have a front license plate. Despite this, the police officer continued the detention, questioning the accused and eventually searching the vehicle. This search yielded two cardboard boxes containing 35-kilograms of cocaine. Continue reading
R. v. Suberu, 2009 SCC 33
A police constable deployed to a retail store to investigate the reported use of a stolen credit card witnessed Musibau Suberu leaving the store as he arrived. As Mr. Suberu got into his vehicle, the constable approached him, saying: “Wait a minute. I need to talk to you before you go anywhere.” After a brief exchange, the constable received a radio communication from his colleagues, providing a vehicle description and license plate number which matched the vehicle in which Mr. Suebru was sitting. A search of the vehicle yielded stolen merchandise and resulted in Mr. Suberu being charged with fraud. Continue reading
R. v. Grant, 2009 SCC 32
In Grant, the Supreme Court of Canada revisited and revised the test laid out in R. v. Collins, [1987] 1 S.C.R. 265, increasing the standard for the exclusion of evidence set out in Section 24(2) of the Charter of Rights and Freedoms. Continue reading