Category: Supreme Court of Canada

Justice Minister Says Federal Government Giving Bail Reform ‘Serious Consideration’

Justice Minister David Lametti says he is giving “serious consideration” to reforming Canada’s bail laws in response to a request from premiers to make changes. Provincial premiers unanimously called on the Liberal government in a letter to take “immediate action” on the bail system earlier this year. The letter from premiers says there are a…


Suspect in Killing of OPP Officer Was Out on Bail Due in Part to Indigenous Status: Report

One of the suspects in the killing of an Ontario Provincial Police (OPP) officer in late December 2022 was out on bail primarily because of his indigenous identity, which must be specially considered by judges according to federal law, according to a report. Randall McKenzie, 25, of the Mississaugas of the Credit First Nation was charged with…


Supreme Court Agrees to Rule on Independence of Canadian Military’s Judges

Canada’s top court has agreed to rule on whether the military’s judges are truly independent. The Supreme Court of Canada announced its decision this morning in response to an appeal from several service members whose criminal cases are on hold. As is customary, the court did provide any reasons or explanation for its decision to…


Mandatory Minimum Penalty for Firing Gun at House Unconstitutional: Supreme Court

The Supreme Court of Canada has ruled that a mandatory minimum sentence of four years for firing a gun at a house is unconstitutional. The decision comes in the case of Jesse Dallas Hills, who pleaded guilty to four charges stemming from a May 2014 incident in Lethbridge, Alta., in which he swung a baseball…


Terminally Ill Woman Asks Supreme Court to Decide Constitutionality of COVID-19 Vaccination Requirement for Transplant

A terminally ill woman is seeking a Supreme Court of Canada decision on the constitutionality of the COVID-19 vaccine requirement for receiving an organ transplant, says the Justice Centre for Constitutional Freedoms (JCCF). Sheila Annette Lewis, who is not vaccinated for COVID-19, filed a leave to appeal application this week against Alberta Health Services (AHS)…


Woman Denied Organ Transplant Because of Vaccine Status Asks Supreme Court to Hear Her Case

A terminally ill woman is seeking a Supreme Court of Canada decision on the constitutionality of the COVID-19 vaccine requirement for receiving an organ transplant, says the Justice Centre for Constitutional Freedoms (JCCF). Sheila Annette Lewis, who is not vaccinated for COVID-19, filed a leave to appeal application this week against Alberta Health Services (AHS)…


Indigenous Smudging Ceremonies Do Not Violate Federal Prison Smoking Ban, Judge Rules

Traditional indigenous smudging ceremonies do not violate a federal prison smoking ban that’s been in place since 2008, a federal judge has ruled. Federal Court Justice Trent Horne’s ruling comes on a case wherein convicted sex offender William Johnson complained that his fellow inmates’ smudging ceremonies—which include burning ingredients like tobacco, sweetgrass, cedar, and sage—irritated him and breached…


Halifax Air Crash Voice Recording Can Be Disclosed in Civil Case, Supreme Court Rules

OTTAWA — The Supreme Court of Canada says the cockpit voice recording from an Air Canada plane that crashed on a Halifax runway can be disclosed to parties in a class−action lawsuit. Dozens of people were injured in the March 2015 crash, prompting a lawsuit against Air Canada, plane manufacturer Airbus S.A.S. and others. A…


Police Did Not Entrap Men in Child Sex Cases, Supreme Court of Canada Rules

The Supreme Court of Canada says a Toronto-area police force did not entrap men in an operation aimed at buyers of sexual services from children. The finding comes today in unanimous decisions in four appeals that arose from arrests and prosecutions in Project Raphael, a York Regional Police investigation that began in 2014. As part of…


Mandatory No More: Dissecting Supreme Court’s Ruling on Canada’s Sex Offender Registry

News Analysis A recent decision by the Supreme Court of Canada (SCC) to raise the threshold for adding an offender’s name to the federal sex offender registry has been welcomed by some lawyers but raises concern for some others. Legislative amendments introduced by the Harper government in 2011 had mandated that those convicted of two or…