Case Law › Supreme Court of Canada
R. v. K.J.M., 2019 SCC 55
 On April 12, 2015, the appellant, a “young person” under the Youth Criminal Justice Act, S.C. 2002, c. 1 (“YCJA ”), was charged with various offences arising out of a fight in which he stabbed another youth in the face and the back of the head with a box cutter. He maintained his innocence, claiming self-defence. On November 9, 2016, almost 19 months after...
R. v. Javanmardi, 2019 SCC 54
 Mitra Javanmardi opened a naturopathic clinic in Quebec in 1985. She has a degree in science from McGill University, a doctorate in naturopathic medicine from the National College of Naturopathic Medicine in Portland, Oregon, and a related diploma which involved 500 hours of further courses. Ms. Javanmardi’s education included classes and clinical training about...
- Volkswagen Group Canada Inc. v. Association québécoise de lutte contre la pollution atmosphérique, 2019 SCC 53
R. v. Rafilovich, 2019 SCC 51
 Do the proceeds of crime provisions of the Criminal Code, R.S.C. 1985, c. C-46 (“Code ”), require courts to give with one hand, only to take away with the other? The appellant, Yulik Rafilovich, applied for and was returned funds that the state had initially seized from him as potential proceeds of crime, because he needed the funds to pay for his legal defence...
- R. v. James, 2019 SCC 52
- R. v. Friesen, to follow
Threlfall v. Carleton University, 2019 SCC 50
 On September 10, 2007, George Roseme, a political science professor who had retired from the respondent, Carleton University (“Carleton”), decided to go for a walk near his home. Tragically, he never returned. Despite the best efforts of rescuers, family and friends, he could not be found.
R.S. v. P.R., 2019 SCC 49
 Three days. That short difference is the reason why the issue of the scope and application of the international lis pendens exception in Quebec private international law has come up in this case. This issue arises in the context of divorce proceedings between the parties in Belgium and in Quebec.
- R. v. Kernaz, 2019 SCC 48
R. v. Poulin, 2019 SCC 47
 Every person charged with an offence in Canada enjoys certain basic rights. One such right is contained in s. 11 (i) of the Canadian Charter of Rights and Freedoms (“Charter ”), which grants a person found guilty of an offence the right “to the benefit of the lesser punishment” “if the punishment . . . has been varied between the time of commission [of the...
- R. v. M.R.H., 2019 SCC 46
Fleming v. Ontario, 2019 SCC 45
 On May 24, 2009, officers of the Ontario Provincial Police (“O.P.P.”) arrested the appellant, Randolph (Randy) Fleming, in Caledonia, Ontario. He had committed no crime. He had broken no law. He was not about to commit any offence, harm anyone, or breach the peace. In essence, the O.P.P. officers claimed to have arrested Mr. Fleming for his own protection. The...
Denis v. Côté, 2019 SCC 44
 In this case, the Court is considering rare interlocutory appeals in the criminal law context. The main appeal concerns the validity of a subpoena served on a journalist, namely the appellant, Marie‑Maude Denis, for the purpose of obtaining evidence in support of a motion for a stay of proceedings falling into the “residual” category described in R. v. Babos, 2014
Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43
 This appeal gives the Court its first opportunity to examine the scope and application of Crown copyright. The tools at our interpretive disposal are not only the usual principles of statutory interpretation, they also include extensive jurisprudence explaining how this Court has come to understand copyright law in the years since the Crown copyright provision was
Pioneer Corp. v. Godfrey, 2019 SCC 42
 The proposed representative plaintiff, Neil Godfrey, applied for certification of a class proceeding under the British Columbia Class Proceedings Act, R.S.B.C. 1996, c. 50. The defendants manufacture Optical Disc Drives (“ODDs” — a memory storage device that uses laser light or electromagnetic waves near the light spectrum to read and/or record data on optical...
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