Case Law › Supreme Court of Canada
R. v. R.V., 2019 SCC 41
 Sexual assault trials raise unique challenges in protecting the integrity of the trial and balancing the societal interests of both the accused and the complainant. Parliament and the courts have responded to these challenges by setting out rules of evidence tailored to this context.
R. v. Stillman, 2019 SCC 40
 Section 11 (f) of the Canadian Charter of Rights and Freedoms guarantees every person charged with an offence carrying a punishment of at least five years’ imprisonment the right to the benefit of a jury trial, “except in the case of an offence under military law tried before a military tribunal” (in French, “sauf s’il s’agit d’une infraction relevant de la...
R. v. Penunsi, 2019 SCC 39
 This appeal raises the question of whether the judicial interim release (“JIR”) provisions — and by necessary implication, the power of arrest — under Part XVI of the Criminal Code, R.S.C. 1985, c. C-46 , apply to provisions under the heading “Sureties to Keep the Peace” in Part XXVII of the Criminal Code (“peace bond provisions”). The JIR provisions (commonly...
R. v. Goldfinch, 2019 SCC 38
 Our system of justice strives to protect the ability of triers of fact to get at the truth. In cases of sexual assault, evidence of a complainant’s prior sexual history — if relied upon to suggest that the complainant was more likely to have consented to the sexual activity in question or is generally less worthy of belief — undermines this truth-seeking function...
1068754 Alberta Ltd. v. Québec (Agence du revenu), 2019 SCC 37
 This appeal is about the authority of the Agence du revenu du Québec (“ARQ”) under Quebec’s Tax Administration Act, CQLR, c. A-6.002 (“TAA”), as it interacts with the requirements of a federal statute, the Bank Act, S.C. 1991, c. 46 , against the backdrop of principles that limit the authority of provincial government agencies to act extraterritorially.
- Ontario (Attorney General) v. G, 2019 SCC 36
L’Oratoire Saint‑Joseph du Mont‑Royal v. J.J., 2019 SCC 35
 I have read the carefully crafted reasons of my colleague Gascon J., in which he provides a thorough and comprehensive review of the facts and the judicial history. I will therefore limit myself here to a few words on the context of the two appeals before the Court. In his re‑amended motion for authorization to institute a class action and to be a representative...
R. v. Le, 2019 SCC 34
 One evening, three police officers noticed four Black men and one Asian man in the backyard of a townhouse at a Toronto housing co-operative. The young men appeared to be doing nothing wrong. They were just talking. The backyard was small and was enclosed by a waist-high fence. Without a warrant, or consent, or any warning to the young men, two officers entered...
Bessette v. British Columbia (Attorney General), 2019 SCC 31
 Mr. Bessette was charged with a provincial driving offence in British Columbia. Before the start of his trial in Provincial Court, he asked to be tried in French. Were he being prosecuted for a criminal offence in the very same court, the Criminal Code, R.S.C. 1985, c. C-46 , would unquestionably have given him the option of being tried in English or French. This
- Christine DeJong Medicine Professional Corp. v. DBDC Spadina Ltd., 2019 SCC 30
Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29
 The writ of habeas corpus is an ancient legal remedy that remains fundamental to individual liberty and the rule of law today. Dating back to the 13th century, this writ guarantees the individual’s protection from unlawful deprivations of liberty. Entrenched in s. 10 (c) of the Canadian Charter of Rights and Freedoms , the right to habeas corpus permits those in...
Modern Cleaning Concept Inc. v. Comité paritaire de l’entretien d’édifices publics de la région de Québec, 2019 SCC 28
 The provision of cleaning services in public buildings located in the Québec region are covered by a collective agreement: the Decree respecting building service employees in the Québec region, CQLR, c. D-2, r. 16. The Decree, or collective agreement, sets out minimum standards in the workplace, including wages, hours of work, holidays and overtime.
- R. v. W.L.S., 2019 SCC 27
- R. v. Wakefield, 2019 SCC 26
- R. v. Larue, 2019 SCC 25
- R. v. J.M., 2019 SCC 24
R. v. Mills, 2019 SCC 22
 This appeal presents two issues: (1) whether the investigative technique employed by an undercover police officer amounted to a search or seizure of the appellant Sean Patrick Mills’ online communications under s. 8 of the Canadian Charter of Rights and Freedoms ; and, (2) whether police intercepted a private communication pursuant to s. 184.2 of the Criminal
- R. v. Thanabalasingham, 2019 SCC 21
J.W. v. Canada (Attorney General), 2019 SCC 20
 The years of sustained abuse committed in Residential Schools represent a profoundly shameful era in Canada’s history. The legacy of the harms committed there consists of deep wounds not only to those who were forced to attend, but also to our national psyche. The recovery process, when it is possible, is slow and painful. But at least there is a process, one that
- R. v. D'Amico, 2019 SCC 23
TELUS Communications Inc. v. Wellman, 2019 SCC 19
 This appeal requires the Court to decide what happens when a series of arbitration agreements, the Ontario Arbitration Act, 1991, S.O. 1991, c. 17 (“Arbitration Act”), the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sch. A (“Consumer Protection Act”), and a consumer/non-consumer class action collide.
R. v. Myers, 2019 SCC 18
 The right to liberty and the presumption of innocence are fundamental tenets of our criminal justice system. In the pre-trial context, release — at the earliest opportunity and in the least onerous manner — is the default presumption in Canadian criminal law. Pre-trial detention is the exception, not the rule.
- Carl Douglas Snelgrove v. Her Majesty The Queen, 2019 SCC 16
- R. v. Kelsie, 2019 SCC 17
R. v. Morrison, 2019 SCC 15
 In today’s information age, Canadian life is increasingly playing out in the digital realm. The Internet, social media, and sophisticated mobile devices — now fixtures in our everyday lives — have transformed the way in which we live, work, and interact with one another. This opens up a world of new opportunities and allows us to connect instantly with friends and
Salomon v. Matte‑Thompson, 2019 SCC 14
 This case concerns the professional liability of a lawyer who has referred clients to a financial advisor where that advisor subsequently turns out to be a fraudster and where, in addition to the referral, the lawyer has over a number of years been recommending and endorsing the advisor’s investments.
Barer v. Knight Brothers LLC, 2019 SCC 13
 This appeal considers the circumstances under which, in an application to recognize and enforce a foreign judgment rendered by default against a person residing in Quebec, that person can be found to have submitted to the foreign authority’s jurisdiction.
- R. v. George-Nurse, 2019 SCC 12
- R. v. Demedeiros, 2019 SCC 11
R. v. Jarvis, 2019 SCC 10
 In 2005, Parliament enacted a new criminal offence called voyeurism in s. 162(1) of the Criminal Code, R.S.C. 1985, c. C-46 . This offence is committed when a person surreptitiously observes or makes a visual recording of another person who is in “circumstances that give rise to a reasonable expectation of privacy”, if the observation or recording is done in...