Supreme Court of Canada Hearings

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...

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, 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...

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...

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...

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...

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...

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...

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...

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...

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...

The respondent was found not guilty of sexual assault following a jury trial. Consent was the central issue. The Crown appealed the respondent’s acquittal, submitting that the trial judge erred in law by restricting Crown counsel’s examination of the complainant on her prior statements (text messages that were exchanged between the complainant and the respondent after the event) and erred in law i...

The respondent was found not guilty of sexual assault following a jury trial. Consent was the central issue. The Crown appealed the respondent’s acquittal, submitting that the trial judge erred in law by restricting Crown counsel’s examination of the complainant on her prior statements (text messages that were exchanged between the complainant and the respondent after the event) and erred in law i...

On March 20, 2019, at approximately 11:00 p.m., police officers received a tip that Mr. Singer was driving a truck and the caller believed that he was intoxicated. More than an hour later, an officer observed a vehicle matching the vehicle description given by the caller. The truck was parked on a residential driveway. Its lights were on and its ignition was running. Officers could not see anyone...

On March 20, 2019, at approximately 11:00 p.m., police officers received a tip that Mr. Singer was driving a truck and the caller believed that he was intoxicated. More than an hour later, an officer observed a vehicle matching the vehicle description given by the caller. The truck was parked on a residential driveway. Its lights were on and its ignition was running. Officers could not see anyone...