Supreme Court of Canada Hearings (English Audio)
148 episodes - English - Latest episode: about 13 hours ago -Unedited English audio of oral arguments at the Supreme Court of Canada. Created as a public service to promote public access and awareness of the workings of Canada’s highest court. Not affiliated with or endorsed by the Court. Original archived webcasts can be found on the Court’s website at scc-csc.ca. Feedback welcome: podcast at scchearings dot ca.
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Episodes
TransAlta Generation Partnership, et al. v. His Majesty the King in Right of the Province of Alberta, et al. (40570)
April 25, 2024 22:29 - 3 hours - 153 MBAppellants TransAlta Generation Partnership and TransAlta Generation (Keephills 3) (collectively, “TransAlta”) own coal-fired electrical power generation facilities in Alberta. The value of those properties is assessed as “linear property” for municipal taxation purposes. The Municipal Government Act, R.S.A. 2000, c. M-26, defines the term “linear property” and authorizes the Minister of Municipal Affairs to establish guidelines for assessing its value. In 2016, TransAlta entered into off-c...
Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan (Day 2/2) (40619)
April 24, 2024 18:26 - 1 hour - 76 MBThe respondent, Pekuakamiulnuatsh Takuhikan, is a band council within the meaning of the Indian Act, R.S.C. 1985, c. I-5. It represents the Pekuakamiulnuatsh Innu First Nation, whose community is located in Mashteuiatsh on the western shore of Lac Saint-Jean near Roberval. Under tripartite agreements signed over the years with the Government of Canada and the Government of Quebec since 1996, the respondent is responsible for policing in the community of Mashteuiatsh. The tripartite agreement...
Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan (40619)
April 23, 2024 18:27 - 2 hours - 116 MBThe respondent, Pekuakamiulnuatsh Takuhikan, is a band council within the meaning of the Indian Act, R.S.C. 1985, c. I-5. It represents the Pekuakamiulnuatsh Innu First Nation, whose community is located in Mashteuiatsh on the western shore of Lac Saint-Jean near Roberval. Under tripartite agreements signed over the years with the Government of Canada and the Government of Quebec since 1996, the respondent is responsible for policing in the community of Mashteuiatsh. The tripartite agreement...
His Majesty the King v. T.J.F. (40749)
April 11, 2024 14:26 - 1 hour - 59.7 MB(PUBLICATION BAN IN CASE) The respondent, T.J.F., was charged with human trafficking and obtaining a financial or material benefit from human trafficking during a period from 2006 through 2011. The trial judge accepted that the respondent had engaged in threats, intimidation and injury towards the complainant; he characterized this as “past discreditable conduct” but not part of the actus reus of the offences alleged. The complainant testimony included evidence of exploitation and attempted...
Braydon Wolfe v. His Majesty the King (40558)
March 26, 2024 18:27 - 1 hour - 106 MBAfter consuming alcohol, Mr. Wolfe drove his vehicle on the wrong side of a divided highway for a considerable distance at night. He caused a head-on collision that seriously injured Mrs. Niazi and killed her husband and daughter. Mr. Wolfe was convicted on two counts of criminally negligent operation of a motor vehicle causing death under s. 220(b) of the Criminal Code, R.S.C. 1985, c. C-46, and on one count of criminally negligent operation of a motor vehicle causing bodily harm under s. 2...
International Air Transport Association, et al. v. Canadian Transportation Agency, et al. (40614)
March 26, 2024 14:27 - 2 hours - 137 MBThis case involves a challenge to the validity of regulations adopted by the Agency to compensate air passengers for various delays, losses and inconveniences experienced in the course of international air travel. Parliament adopted the Transportation Modernization Act, S.C. 2018, c. 10 (“TMA”), which amended the CTA by creating the new s. 86.11. This new provision requires the Agency, after consulting with the Minister of Transport, to make regulations imposing certain obligations on air c...
Dwayne Alexander Campbell v. His Majesty the King (40465)
March 22, 2024 14:28 - 2 hours - 133 MBPolice seized a cellphone during a search incident to the arrest of a known drug dealer. The phone was displaying incoming text messages on its screen. The police believed the messages revealed a transaction for heroin, which would likely be laced with fentanyl, was in progress. The police impersonated the drug dealer by responding to the text messages, and arranged to have the drugs delivered to the dealer’s residence. Applicant Dwayne Alexander Campbell arrived at the residence and was ar...
Gabriel Boudreau v. His Majesty the King (40810)
March 20, 2024 18:26 - 1 hour - 57 MBFollowing a trial in the Court of Québec, the appellant, Gabriel Boudreau, was convicted of dangerous driving causing bodily harm as a result of a collision between him and the complainant. On appeal, the appellant argued that the trial judge had erred by finding that he had taken part in a race with another driver, by improperly assessing the complainant’s testimony and by failing to consider some of the evidence. The majority of the Court of Appeal dismissed the appeal, as it was of the vi...
Trevor Ian James Lindsay v. His Majesty the King (40569)
March 05, 2024 14:26 - 1 hour - 60.8 MBThe appellant, Trevor Ian James Lindsay, is a constable with the Calgary Police Service. While processing an arrestee, an altercation occurred between the appellant and the arrestee that left the latter with serious injuries. The appellant was charged with aggravated assault under s. 268 of the Criminal Code. At trial, the appellant’s defence included s. 25 of the Criminal Code, which protects peace officers from liability related to their lawful use of force. The trial judge concluded that ...
Derrick Michael Lawlor v. His Majesty the King (40500)
March 04, 2024 22:26 - 1 hour - 69.4 MBThe appellant engaged in a sexual encounter with two other men in a park. A number of hours later, the body of one of those men was found in the park; he had died due to external neck compression. The appellant had mental health difficulties and had consumed both psychiatric medication and alcohol around the time he was in the park with the victim and the third man. The appellant had made several statements both before and after the victim’s death that he wanted to harm and kill gay men, and...
Nicolas Landry v. His Majesty the King (40394)
February 20, 2024 18:26 - 1 hour - 66.6 MB(PUBLICATION BAN IN CASE) The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of...
Daniel Hodgson v. His Majesty the King (40498)
February 15, 2024 22:26 - 2 hours - 111 MBAppellant Daniel Hodgson was charged with second-degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who had been sleeping in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson applied a one-arm choke hold on him. Mr. Hodgson was acquitted at trial. The trial judge had a reasonable doubt as to whether Mr. Hodgson had the requ...
His Majesty the King v. Private D.T. Vu (40655)
February 12, 2024 22:27 - 1 hour - 55.1 MB(Publication ban in case) In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being ...
Yves Caleb Jr. Charles v. His Majesty the King (40319)
February 12, 2024 22:27 - 1 hour - 59.7 MBAfter a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evid...
Canadian Broadcasting Corporation, et al. v. His Majesty the King, et al. (40371)
December 12, 2023 22:27 - 2 hours - 126 MB(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) On March 23, 2022, the Quebec Court of Appeal issued a redacted version of its reasons, which it had originally delivered on February 28, 2022, allowing the respondent Named Person’s conviction appeal and staying the criminal proceedings brought against Named Person, a police informer. The trial judgment under appeal had not been made public, and all the details of the proceedings, which were held in...
Attorney General of Canada v. Joseph Power (40241)
December 08, 2023 22:31 - 4 hours - 187 MBRespondent Joseph Power was convicted of two criminal offences in the 1990s. He served a term of imprisonment. In 2010 Mr. Power made inquiries about the process to obtain a pardon, but did not apply for one. In 2011, Mr. Power’s employer learned of his criminal record. He was suspended from work. Mr. Power applied for a pardon — now called a record suspension — in 2013 in order to continue working in his chosen field. However, two enactments since 2010 — the Limiting Pardons for Serious ...
Thalbinder Singh Poonian, et al. v. British Columbia Securities Commission (40396)
December 08, 2023 18:28 - 3 hours - 108 MBThe respondent, British Columbia Securities Commission found that the appellants, Thalbinder Singh Poonian and Shailu Poonian, breached the Securities Act, R.S.B.C. 1996, c. 418, by engaging in conduct that resulted in the misleading appearance of trading activity in, or an artificial price for, a corporation’s shares. It then imposed both a disgorgement order and an administrative penalty against the Poonians. The Commission applied to the BCSC for an order declaring that the amounts owed ...
John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, et al. (40166)
December 06, 2023 22:26 - 2 hours - 138 MBThe appellant, John Aquino, was the directing mind of Bondfield Construction Company Limited (“BCCL”) and its affiliate, 1033803 Ontario Inc., commonly known as Forma-Con (“debtor companies”). He and the other appellants carried out a false invoicing scheme over a number of years by which they siphoned off tens of millions of dollars from both debtor companies. The respondents challenged the false invoicing scheme and sought to recover some of the money under s. 96 of the Bankruptcy and Inso...
Franck Yvan Tayo Tompouba v. His Majesty the King (40332)
December 05, 2023 22:29 - 2 hours - 122 MB(PUBLICATION BAN IN CASE) Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an error, but it applied the curative proviso to dismiss his appeal. It held that the right provide...
Leading Seaman C.D. Edwards, et al. v. His Majesty the King (39820)
November 29, 2023 22:26 - 2 hours - 119 MB(PUBLICATION BAN IN CASE) The appellants are members of the Canadian Armed Forces who had various charges laid against them. They each filed a preliminary application in the Court Martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms. They argued that their right was infringed by an order by the Chief of Defence Staff dat...
City of St. John’s v. Wallace Lynch, et al. (40302)
November 16, 2023 22:26 - 2 hours - 148 MBIn 1991, Newfoundland and Labrador reorganized its northeast Avalon municipalities, expanding St. John’s boundaries and triggering a new planning process for St. John’s. The Lynch property and others were zoned as “watershed” because they fall within the Broad Cove River Watershed, which feeds St. John’s municipal water supply. In 2011, the Lynches asked the City what sort of residential, agricultural, forestry or public utility uses the property could be put to. They were informed verbally ...
Ummugulsum Yatar v. TD Insurance Meloche Monnex, et al. (40348)
November 16, 2023 14:29 - 3 hours - 142 MBAppellant Ummugulsum Yatar was injured in a motor vehicle accident. Ms. Yatar applied to her insurer, TD Insurance Meloche Monnex (hereafter, “TD”) for housekeeping and home maintenance benefits, as well as income replacement benefits (IRB). TD initially paid those benefits. About a year later, following insurance medical examinations, TD denied Ms. Yatar’s claim for housekeeping and home maintenance benefits. Several months after that, TD denied her IRB claim. Ms. Yatar brought an applicat...
Eurobank Ergasias S.A., et al. v. Bombardier inc., et al. (40350)
November 15, 2023 14:26 - 2 hours - 145 MBBombardier inc. entered into a procurement contract with the respondent branch of the Greek government (HMOD) for ten firefighting amphibious aircraft. There was also an Offsets contract by which Bombardier committed to offset programs inviting Greek suppliers as subcontractors for the work, for a total credited value of 110% of the main contract. Bombardier was to pay up to 10% of this amount as liquidated damages if the Offsets contract was not fulfilled, which was secured by a letter of g...
Attorney General of Ontario, et al. v. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all... (Day 2/2) (40024)
November 10, 2023 03:19 - 2 hours - 136 MBIn 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe. The initial agreed-upon sum was paid and an Order-in-Council declared them ratified and confirmed. In 1875, the annuity was increased to $4 (£1)...
Dow Chemical Canada ULC v. His Majesty the King (40276)
November 09, 2023 18:27 - 2 hours - 122 MBA corporate taxpayer requested that the Minister of National Revenue exercise her discretionary power under s. 247(10) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”) to adjust the value of a non-arm’s length transaction downward, which would, in turn, reduce the amount of the taxpayer’s assessment. The Minister declined to do so. The taxpayer wished to challenge the Minister’s decision, but it was unclear whether the Tax Court or Federal Court had jurisdiction to do so. The par...
Attorney General of Ontario, et al. v. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the... (40024)
November 09, 2023 00:55 - 3 hours - 140 MBIn 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe. The initial agreed-upon sum was paid and an Order-in-Council declared them ratified and confirmed. In 1875, the annuity was increased to $4 (£1)...
York Region District School Board v. Elementary Teachers’ Federation of Ontario (40360)
October 23, 2023 17:12 - 3 hours - 153 MBThe private communications of two teachers, recorded on their personal, password-protected log were read and captured by screenshots taken by their school principal, and then used by the respondent school board (“Board”) to discipline them. The union filed a grievance against the written reprimand issued to the teachers (“Grievors”) claiming the Board violated the Grievors right to privacy by assessing private digital information without reasonable cause and using that information as the bas...
Don Johnson v. His Majesty the King (40330)
October 23, 2023 17:09 - 1 hour - 55 MBThe appellant, Don Johnson, was found guilty of two counts of first degree murder by a jury. The majority of the Court of Appeal for Ontario dismissed his appeal, finding that it was open to the trial judge to leave party liability with the jury. Nordheimer J.A., dissenting, would have allowed the appeal, set aside the conviction, and ordered a new trial. In his view, there was an insufficient evidentiary foundation to leave the route of party liability with the jury, as there was no air of ...
Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc. (40197)
October 23, 2023 17:09 - 2 hours - 114 MBPine Valley Enterprises Inc. (“PVE”) contracted with Earthco Soil Mixtures Inc. (“Earthco”) for the supply of topsoil for use in a project. After reviewing dated test results for “R Topsoil,” it placed an order for 3,678 cubic yards of “Screened topsoil with extra Organics added.” The contract included exclusion provisions that allowed PVE to test the soil prior to shipment, and that, if PVE waives its right to testing, Earthco is not responsible for the “quality” of the material. PVE waive...
Jim Shot Both Sides, et al. v. His Majesty the King (40153)
October 23, 2023 17:09 - 3 hours - 136 MBOn September 22, 1877, the Blackfoot Confederacy and the Crown executed Treaty 7, which established Reserve No. 148, the largest reserve in Canada. It is the home of the Kainai, or Blood Tribe. Under the Treaty, the size of the reserve was to be established through a formula promising “one square mile for each family of five persons, or in that proportion for larger and smaller families”. The Blood Tribe has long claimed that the actual size of its reserve did not accord with that promised b...
Attorney General for Ontario v. Information and Privacy Commissioner of Ontario, et al. (40078)
June 13, 2023 21:27 - 2 hours - 107 MB(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) A journalist with the CBC made an application under the Act for disclosure of the mandate letters addressed from the Premier of Ontario to each minister setting out’s the Premier’s policy priorities for the minister’s mandate. The Cabinet Office opposed the disclosure on the basis of s. 12(1) of the Act, the introductory language of which provides that a government head shall refuse to disclose a record where the disclosure w...
His Majesty the King v. Olivier Chatillon (40331)
June 13, 2023 17:28 - 1 hour - 79.3 MB(PUBLICATION BAN) After a trial in the Court of Québec, the respondent, Olivier Chatillon, was convicted of one count of sexual assault of a child. The trial judge held that the prosecution’s case could be based on the admissions made to the professionals who had assessed him, although he had met with them during an entirely voluntary therapeutic process to receive treatment for problems associated with substance abuse and sexual deviance. The Court of Appeal, for the reasons given by Vaucl...
Jason Donald Hay v. His Majesty the King (40316)
June 13, 2023 17:28 - 1 hour - 59.8 MB(PUBLICATION BAN IN CASE) Following a judge-alone trial, the appellant, Mr. Hay, was acquitted of one count of sexual assault under s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The appellant conceded that the complainant did not consent to anal intercourse on September 13, 2019. The only issue on appeal was whether Mr. Hay had an honest but mistaken belief in the complainant’s communicated consent. Following a s. 276 voir dire, the trial judge admitted evidence of a previous sexual en...
His Majesty the King v. Christopher James Kruk (40095)
June 13, 2023 17:28 - 3 hours - 139 MB(PUBLICATION BAN IN CASE) The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of Appeal allowed the respondent’s appeal, set aside the conviction, and ordered a new trial. Argued Date 2023-05-18 Keywords Criminal law - Trial...
Canadian Broadcasting Corporation, et al. v. Aydin Coban, et al. (40223)
May 17, 2023 21:25 - 2 hours - 119 MB(PUBLICATION BAN IN CASE) An accused was charged with several offences. Before the jury selection process began, a ban on publication was imposed on all pre-trial applications in the proceedings pursuant to s. 648(1) of the Criminal Code. A consortium of major media outlets applied to have the ban clarified and declared applicable only after the jury is empaneled. The motion judge dismissed the application. Argued Date 2023-05-17 Keywords Criminal law - Publication bans - Criminal law ...
La Presse inc. v. Frédérick Silva, et al. (40175)
May 16, 2023 21:25 - 2 hours - 120 MB(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) The respondent Frédérick Silva was charged with four counts of murder and one count of attempted murder based on incidents that occurred on February 21, 2017, and December 20, 2018. On November 22, 2019, the prosecution laid five charges by direct indictment. On August 2 and October 15, 2021, respectively, the Superior Court dismissed Mr. Silva’s motion for a stay of proceedings and Garofoli motion. It also made orders under s. 648(1) of the...
George Zacharias v. His Majesty the King (40117)
May 15, 2023 17:25 - 1 hour - 72 MBThe appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, who conducted a traffic stop of Mr. Zacharias’ truck, had reasonable suspicion to enter into an investigative detention and deploy a sniffer dog. The trial judge found that the initial investigative detention and the sniffer dog search were unlawf...
Société des casinos du Québec inc., et al. v. Association des cadres de la Société des casinos du Québec, et al. (40123)
April 21, 2023 13:28 - 3 hours - 160 MBThe respondent, the Association des cadres de la Société des casinos du Québec (Association), was formed in 1997 under the Professional Syndicates Act, CQLR, c. S-40. Seventy percent of the operations supervisors assigned to the gaming tables at Casino de Montréal are members of the Association. The supervisors are the fifth level of management and are front-line managers at the appellant employer, Société des casinos du Québec inc. (Société). The Société is a subsidiary of the Société des l...
His Majesty the King, et al. v. Maxime Bertrand Marchand (39935)
April 19, 2023 13:28 - 3 hours - 150 MB(PUBLICATION BAN IN CASE) The respondent pleaded guilty to a charge of sexual interference committed against a minor under the age of 16 between August 1, 2013 and July 19, 2015. During that period, he and the complainant had full sexual intercourse four times. He also pleaded guilty to a charge of child luring arising from interaction with the complainant on social media between February 25 and September 13, 2015. The trial judge sentenced the respondent to imprisonment for 10 months on th...
Dia ‘Eddin Hanan v. His Majesty the King (40097)
April 17, 2023 17:25 - 1 hour - 63.3 MBOn December 24, 2015, the appellant was charged with crimes relating to the shooting of two individuals. The appellant’s jury trial for second degree murder, attempted murder and assorted firearm charges was scheduled to commence on November 5, 2018. However, it was adjourned to October 28, 2019. The appellant applied for a stay of proceedings for violation of his right to be tried within a reasonable time under s. 11(b) of the Charter. The trial judge dismissed his application holding that,...
Attorney General of Canada v. Attorney General of Alberta (Day 2/2) (40195)
March 26, 2023 02:30 - 2 hours - 134 MBThe Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). ...
Attorney General of Canada v. Attorney General of Alberta (Day 1/2) (40195)
March 26, 2023 02:28 - 2 hours - 121 MBThe Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). ...
His Majesty the King v. S.S. (40147)
March 22, 2023 17:26 - 1 hour - 75.8 MB(PUBLICATION BAN) The respondent was convicted of sexual assault and sexual interference, two offences perpetrated on the complainant when she was between six and eight years old. The convictions were based on the complainant’s unsworn, videotaped police statement, which the trial judge admitted into evidence by application of the principled exception to the hearsay rule, based on the requirements of necessity and threshold reliability. A majority of the Court of Appeal allowed the responde...
Attorney General of Quebec, et al. v. H. V. (40093)
March 20, 2023 13:28 - 2 hours - 135 MB(PUBLICATION BAN IN CASE) The respondent, H.V., pleaded guilty to a child luring offence committed between July 31 and August 9, 2017, which was prosecuted summarily. During sentencing, the respondent argued that the 6-month mandatory minimum sentence provided for in s. 172.1(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46, was unconstitutional under s. 12 of the Canadian Charter of Rights and Freedoms. In his view, a sentence of imprisonment would be unjustified. The prosecution sought a ...
Emanuel Kahsai v. His Majesty the King (40044)
March 20, 2023 13:25 - 1 hour - 97.7 MBAt trial, the appellant was convicted by a jury of two counts of first degree murder. The appellant had refused to retain counsel subsequent to the preliminary inquiry and was adamant that he wanted to represent himself. Two separate amicus curiae were appointed to assist the court at different times; however, he refused to co-operate with either. The appellant appealed the convictions and alleged that the perceived fairness of the proceedings had been tainted due to the trial judge’s failur...
Shawn Metzger v. His Majesty the King (40285)
February 14, 2023 17:25 - 1 hour - 63.5 MBThe appellant was charged with multiple offences in relation to a home invasion robbery that took place on or about June 24, 2017. After stealing the homeowner’s possessions, the intruders drove off in his truck. The truck was located 11 hours later. A cigarette butt was seized by police from underneath the driver’s seat and tested for DNA, which returned a single profile matching the appellant. The trial judge convicted the appellant of breaking and entering to steal a firearm, two counts o...
Commission scolaire francophone des Territoires du Nord-Ouest, A.B., et al. v. Minister of Education, Culture and Employment of the Northwest Territories, et al. (39915)
February 10, 2023 17:28 - 3 hours - 145 MBIn 2018 and 2019, the Minister of Education, Culture and Employment of the Northwest Territories denied six applications for admission to French-language schools made by non-rights holder parents. The ineligibility of their children was assessed according to the criteria established in the Ministerial Directive — Enrolment of Students in French First Language Education Programs developed by the government of the Territories. Because none of the criteria in the Directive applied in the circum...
Daniel Brunelle, et al. v. His Majesty the King (39917)
February 10, 2023 13:28 - 2 hours - 130 MBThe appellants, who were charged with various offences related to the large scale trafficking of cannabis, were arrested at the same time in more than one judicial district. They were divided into four different groups for separate trials. The appellants in the first group brought a motion for a stay of proceedings for abuse of process based on a series of infringements of the rights of the accused, and primarily their right to counsel. On August 27, 2018, Dumas J. of the Superior Court ent...
Cindy Dickson v. Vuntut Gwitchin First Nation (39856)
February 08, 2023 13:27 - 3 hours - 162 MBThe appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon Territory; she resides in Whitehorse, instead of the VGFN’s Settlement Lands, approximately 800km away, for family medical reasons and other socio-economic reasons. Ms. Dickson sought to stand for election to the Council of the VGFN. However, the VGFN constitution specifies that any Councillor must reside on the Settlement Land (the “residency requirement”); it also states that if a...
D.R. v. His Majesty the King (40039)
February 01, 2023 13:25 - 56 minutes - 51.4 MB(PUBLICATION BAN) At trial, the appellant was acquitted of sexual interference, invitation to sexual touching and sexual assault respecting the complainant, a person under the age of 16 years. A majority of the Court of Appeal of Newfoundland and Labrador allowed the Crown’s appeal and ordered a new trial. It held that the trial judge engaged in impermissible stereotypical reasoning when assessing the complainant’s credibility by relying on the stereotypes that a victim could not be happy t...