Supreme Court of Canada Hearings (English Audio)

A police investigation into the production of marijuana led to criminal proceedings against 11 individuals. A stay of proceedings was entered for the respondents in light of unreasonable delays. The Court of Québec dismissed the motion to dismiss the motion for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. The Quebec Superior Court dismissed the motion for...

Mr. Anglin was a member of the Legislative Assembly of Alberta from 2012 until 2015, when he was unsuccessful in his re-election bid. He accepts the result of the election, but alleges that the Chief Electoral Officer interfered with the fairness of the election and, by doing so, injured his chances of being elected. He seeks damages for the alleged loss of the chance to be elected. During the ele...

11368 NL Inc. was the owner of commercial real estate known as Kenmount Terrace. Patrick Street Holdings Limited is part of a group of related companies that, through loans secured by mortgages, financed development projects undertaken by a group of related companies including 11368 NL Inc. In early 2016, two mortgages known as Mortgage 608132 and Mortgage 708519 went into default and notices of p...

In 2015, a finding of misconduct was made against an Edmonton Police Service (EPS) detective, and was recorded in a document entitled “Decision of Hearing”. The EPS provided the respondent, His Majesty the King in Right of Canada (hereafter, the “Crown”), with a copy of the Decision of Hearing in July 2015 in relation to a prosecution. The finding of misconduct to which the Decision of Hearing rel...

In 2015, a finding of misconduct was made against an Edmonton Police Service (EPS) detective, and was recorded in a document entitled “Decision of Hearing”. The EPS provided the respondent, His Majesty the King in Right of Canada (hereafter, the “Crown”), with a copy of the Decision of Hearing in July 2015 in relation to a prosecution. The finding of misconduct to which the Decision of Hearing rel...

B.F., a surgical nurse, has a child, E. B.F. and E.’s father are separated and, in 2019, were engaged in litigation about parenting rights. An interim ruling in that case in early June 2019 granted E.’s father supervised access, which B.F. resisted. At this time, B.F. was residing with her mother, I.F.On June 12, 2019, after the interim ruling, a neighbour found B.F., I.F., and E., then 19 months...

The respondent was arrested without warrant by the police 11 days after the date of an alleged crime. At his trial, he brought a motion in which he claimed that his arrest and his detention following his arrest were unlawful pursuant to s. 495(2)(b), (d) and (e) of the Criminal Code and s. 9 of the Canadian Charter of Rights and Freedoms. He argued that the power to arrest and detain without warra...

On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding t...

In 2019, Mr. Dorsey and Mr. Salah both applied for transfer to a minimum security institution. At the time, Mr. Dorsey, a dangerous offender, was incarcerated at a medium security facility; Mr. Salah was sentenced to concurrent life sentences and is incarcerated at a different medium security facility. Mr. Dorsey’s case management team, his Manager of Assessment and Intervention, and his Warden al...

The respondent is a criminal defence lawyer whose client was the subject of a wiretap authorization under the Criminal Code. The authorization did not permit live monitoring of phone calls with a lawyer; such calls could be recorded, but a judge’s order was required to access them. During the surveillance operation, the respondent called her client, which was automatically recorded. A civilian emp...

The respondent Ms. Cibuabua Kanyinda entered Quebec on or about October 9, 2018, via Roxham Road following a stay in the United States. Originally from the Democratic Republic of Congo, Ms. Cibuabua Kanyinda made a claim for refugee protection under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, when she arrived. She has three children, who accompanied her and were very young at the...

The respondent Ms. Cibuabua Kanyinda entered Quebec on or about October 9, 2018, via Roxham Road following a stay in the United States. Originally from the Democratic Republic of Congo, Ms. Cibuabua Kanyinda made a claim for refugee protection under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, when she arrived. She has three children, who accompanied her and were very young at the...

Mr. Rousselle was arrested for impaired driving and administered a breathalyser test. Based on the results of the test, he was charged with having a blood alcohol concentration equal to or exceeding 80 mg of alcohol in 100 mL of blood within two hours of ceasing to operate a motor vehicle. At trial, a Certificate of Qualified Technician from the officer who administered the breathalyzer test was a...

The complainant was at that time, a grade 7 student at an all-male boarding school in Alberta. The respondent was a teacher at the school. After a trial by judge and jury, the respondent was found guilty of sexual interference (count 1), invitation to sexual touching (count 2), and sexual assault (count 3) of a person under the age of 14 years. The offences occurred in 1993 and 1994. In view of th...

After a trial by judge alone, the appellant, Buddy Ray Underwood, was convicted of robbery, kidnapping, unlawful confinement and murder. The trial judge acquitted the appellant of first degree murder but entered a conviction for the included offence of second degree murder instead. The respondent Crown appealed the acquittal and the appellant cross-appealed the conviction. The Court of Appeal unan...

In 2020 the Chief Medical Officer of Health for Newfoundland and Labrador issued certain orders under the province’s Public Health Protection and Promotion Act, in an effort to curtail the spread of COVID-19. These orders restricted travel, by limiting the circumstances in which non-residents were permitted to enter the province. Appellant Kimberley Taylor resides in Nova Scotia. Her mother, a res...

The appellant, Shamar Meredith, and a co-accused were charged with first degree murder. The victim was shot multiple times in the washroom area of a restaurant. Prior to the trial, the Crown brought a motion to have a video admitted as prior discreditable conduct evidence. The trial judge ruled that the video was admissible. After the written ruling was released and before the video was played for...

The appellant, P.B., was charged with sexual assault for having allegedly sexually assaulted the complainant on three occasions in the course of one night. At trial, the complainant was the only witness called. The appellant argued that the complainant’s testimony was not sufficiently credible or reliable to prove the case against him beyond a reasonable doubt. In particular, he alleged that her e...

In 1978, the appellant, R.A., was babysitting the then five-year-old complainant at his home. In a statement made to the police, he explained that he asked the complainant to touch him and she did so. The appellant was charged with one count of indecently assaulting the complainant contrary to s. 149 of the Criminal Code, R.S.C. 1970, c. C-34. Following a trial in the Provincial Court, the appella...

During a roadside stop, the police found a handgun in the fanny pack belonging to the appellant, Mr. Amari Donawa. The handgun was sent to the Centre of Forensic Sciences, but for reasons that were not explained, the police did not send the magazine or the ammunition. At trial, the expert testified that the handgun could not be fired easily without the magazine. The trial judge, Justice Edward of...

The respondents are various professionals who obtained judgments against the appellant in 2004, to which a ten-year prescriptive period applies under art. 2924 of the Civil Code of Québec. Certain actions interrupted prescription between 2005 and 2007, after which prescription started running again. A bailiff served a notice of execution on the appellant in 2016, which authorized the bailiff to se...

Stephen and Claudette Emond lived in a home on the Ottawa River that was located in the catchment area of the Mississippi Valley Conservation Authority (“MVCA”). They had purchased a standard form residential homeowners’ insurance policy from Trillium Mutual Insurance Company. The Emonds’ home was deemed a total loss as a result of flooding in April 2019. Although the insurer acknowledged coverage...

Judge Gagnon of the Court of Québec acquitted the appellant, Frédéric Rioux, of the offence of sexual assault committed between August 1 and 2, 2019, in Bonsecours. Although the Crown had laid only one charge for a sexual assault that occurred in Bonsecours, the Crown’s evidence related to two instances of sexual intercourse, one in Magog and the other in Bonsecours. With regard to the first sexua...

The appellant, Roger Patrick Bilodeau, was found guilty by a jury of two counts of manslaughter for the shooting deaths of two men. He was found liable as a party under s. 21(2) of the Criminal Code, for having formed an intention to carry out an unlawful purpose common with his son, who shot the deceased. He appealed his convictions, arguing that the jury was improperly instructed, including rega...

After a jury trial before Blanchard J. of the Superior Court, the appellant, Maxime Chicoine-Joubert, was convicted of one count of second degree murder and one count of assault with a weapon. On appeal, Mr. Chicoine-Joubert argued that the judge had erred in his instructions regarding manslaughter and in his answer to questions from the jury by failing to mention the necessary mens rea. The Quebe...