supreme court of canada

  • SCC strikes down 'reasonable belief' requirement in Criminal Code for child-luring cases

    SCC strikes down 'reasonable belief' requirement in Criminal Code for child-luring cases

    Mar 15, 2019

    The Supreme Court of Canada today set aside the conviction of a man charged with child luring on the Internet and ordered a new trial. The case marked the first time the Supreme Court looked at whether the child luring provisions of the Criminal Code violated the Charter; the high court decided that it did in declaring the “presumption of belief” regarding age contained in the provisions to be of no force and effect.

  • This week at the SCC

    Feb 15, 2019

    This week at the SCC The Supreme Court of Canada will hear five appeals this week, two of them of criminal law decisions —  the first of which involves a young person appealing a conviction on the basis of length of time elapsed before his trial concluded pursuant to the guidelines established in R. v. Jordan. The civil cases concern Carleton University’s attempts to recoup pension payments to a professor later determined to be dead; and a PR firm's tangle with the City of Montreal over unpaid invoices.

  • Right to privacy not an all-or-nothing concept, says SCC in voyeurism case

    Right to privacy not an all-or-nothing concept, says SCC in voyeurism case

    Feb 14, 2019

    Videos of female students that a high school teacher surreptitiously recorded breached those students’ reasonable expectation of privacy, and the act constitutes criminal voyeurism, the Supreme Court of Canada ruled today. The decision, penned by the chief justice of the court, also established considerations for circumstances that give rise to a reasonable expectation of privacy.

  • This week at the SCC

    Feb 11, 2019

    The Supreme Court of Canada will hear four appeals this week, all of them of criminal law decisions.

  • SCC says trust is not disqualifying asset for rental assistance application

    SCC says trust is not disqualifying asset for rental assistance application

    Jan 25, 2019

    The Supreme Court of Canada has ruled that a Henson trust, which is commonly used to set money aside for people with disabilities, should not be considered an “asset” when determining eligibility for rental assistance.

  • Supreme Court of Canada upholds voting rights for Canadians living abroad

    Supreme Court of Canada upholds voting rights for Canadians living abroad

    Jan 11, 2019

    The government was not justified in denying ballots to two Canadians that had lived in the United States for five consecutive years or more, judges at the Supreme Court of Canada said in a five-to-two split decision released on Jan. 11.

  • SCC says 'unjust enrichment’ means irrevocable beneficiary of insurance policy not entitled to benefits

    SCC says 'unjust enrichment’ means irrevocable beneficiary of insurance policy not entitled to benefits

    Nov 23, 2018

    The Supreme Court of Canada has ruled in favour of the divorced wife of a deceased insurance policyholder, finding that the man’s common-law spouse was unjustly enriched after being named the irrevocable beneficiary of the policy whose premiums had continued to be paid by the ex-wife.

  • Opening the Supreme Court

    Opening the Supreme Court

    Nov 12, 2018

    In the judge’s reading room of the Supreme Court of Canada building in Ottawa on a warm fall afternoon, Wagner is reflecting on the influence of family on his life.

  • Opening the Canadian Judicial Council

    Nov 12, 2018

    The SCC has already made improvements under Wagner, but the same cannot be said for the Canadian Judicial Council, which is chaired by the chief justice.

  • SCC rules that a national securities regulator is constitutional

    SCC rules that a national securities regulator is constitutional

    Nov 9, 2018

    In a highly anticipated decision released today, the Supreme Court of Canada has ruled that a proposed co-operative pan-Canadian securities regulator is constitutional, thereby overturning a finding of the Quebec appellate court.

  • SCC upholds contract between Churchill Falls, Hydro Québec

    SCC upholds contract between Churchill Falls, Hydro Québec

    Nov 2, 2018

    The Supreme Court of Canada ended a long-standing dispute between the provinces of Quebec and Newfoundland and Labrador today over the sharing of profits from a hydroelectric plant on Labrador’s Churchill River, deciding that the contract cannot be revisited by the courts.

  • Maintenance records of breathalyzer machines are subject to third-party disclosure regime: SCC

    Maintenance records of breathalyzer machines are subject to third-party disclosure regime: SCC

    Oct 26, 2018

    In a trilogy of impaired driving cases the Supreme Court of Canada decided today, the appeals of two Alberta men who had demanded maintenance records for the breathalyzer instruments used following roadside pull-overs were dismissed, while the Quebec Crown’s appeal of a demand for disclosure was also dismissed.

  • Influence beyond partisanship: Our Top 25 Most Influential Lawyers

    Aug 7, 2018

    As I read feedback from our voters, I was also closely following the news of the confirmation debates in the United States

  • B.C. wins SCC appeal on production of health-care databases in Big Tobacco case

    B.C. wins SCC appeal on production of health-care databases in Big Tobacco case

    Jul 13, 2018

    A major tobacco company’s bid for production of a collection of British Columbia health-care databases containing coded health-care information has ended today, with the Supreme Court of Canada allowing the appeal of the province in dismissing Philip Morris International’s application. However, the tobacco giant and other defendants are still entitled to production of the databases if any of B.C.’s expert witnesses should rely on them.

  • Supreme Court rules against TWU accreditation

    Supreme Court rules against TWU accreditation

    Jun 15, 2018

    The majority of the Supreme Court of Canada has upheld the decisions of the Law Society of British Columbia and the Law Society of Upper Canada to not accredit a law school at Trinity Western University that requires its students and faculty to adhere to a religiously based code of conduct.

  • Politicians defying courts seen as dangerous trend

    Politicians defying courts seen as dangerous trend

    Jun 12, 2018

    Politicians stepping forward to defy court decisions or break the law is a dangerous trend emerging in Canada, says former Supreme Court of Canada Justice Ian Binnie, speaking last week at the Law Society of British Columbia’s Rule of Law Lecture which focused on social justice.

  • SCC sides with Joseph Groia after legal battle over civility

    SCC sides with Joseph Groia after legal battle over civility

    Jun 1, 2018

    The Supreme Court of Canada has found that the Law Society Appeal Tribunal erred when it found lawyer Joseph Groia committed professional misconduct during a case that ended more than a decade ago, and the SCC has dismissed the complaints against him.

  • This week at the SCC

    May 13, 2018

    The Supreme Court of Canada has a full slate of appeal hearings this week: six criminal and one civil, on appeal from the Federal Court of Appeal.

  • Car garage does not owe duty to teenager injured in stolen car, says SCC

    Car garage does not owe duty to teenager injured in stolen car, says SCC

    May 11, 2018

    The Supreme Court of Canada has ruled that a commercial car garage did not owe a duty of care to a person who was injured following the theft of a vehicle from its premises.

  • Supreme Court upholds law restricting interprovincial alcohol transport

    Supreme Court upholds law restricting interprovincial alcohol transport

    Apr 19, 2018

    The Supreme Court of Canada today allowed the appeal of the Crown against a New Brunswicker who, in October 2012, had purchased lower-priced alcohol in Quebec and brought it back home to New Brunswick.