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  • R. v. Cody, 349 CCC (3d) 488

    [1]                              In R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system. This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the ...

  • R. v. Boutilier, 2017 SCC 64

    [1]                              The appellant, Mr. Boutilier, challenges the constitutional validity of s. 753(1)  and (4.1)  of the Criminal Code, R.S.C. 1985, c. C-46 , two provisions at the core of the dangerous offender regime, under ss. 7  and 12  of the Canadian Charter of Rights and...

  • R. v. Marakah, 142 WCB (2d) 490

    [1]                              Can Canadians ever reasonably expect the text messages they send to remain private, even after the messages have reached their destination? Or is the state free, regardless of the circumstances, to access text messages from a recipient’s device without a warrant?...

  • Douez v. Facebook, Inc., 411 DLR (4th) 434

    [1]                              Forum selection clauses purport to oust the jurisdiction of otherwise competent courts in favour of a foreign jurisdiction. To balance contractual freedom with the public good in having local courts adjudicate certain claims, courts have developed a test to...

  • R. v. Antic, [2017] SCJ No 27 (QL)

    [1]                              The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system. It entrenches the effect of the presumption of innocence at the pre-trial stage of the criminal trial process and safeguards the liberty...

  • R. v. Bradshaw, 2017 SCC 35

    [1]                              Hearsay is an out-of-court statement tendered for the truth of its contents. It is presumptively inadmissible because — in the absence of the opportunity to cross-examine the declarant at the time the statement is made — it is often difficult for the trier of fact...

  • Teal Cedar Products Ltd. v. British Columbia, [2017] SCJ No 32 (QL)

    [1]                              In British Columbia, the scope of appellate intervention in commercial arbitration is narrow in two key ways. First, there is limited jurisdiction for appellate review of arbitration awards because that jurisdiction is statutorily limited to questions of law (Arbitra...

  • Tran v. Canada (Public Safety and Emergency Preparedness), [2017] 2 SCR 289

    [1]                              Côté J. — Canada’s Immigration and Refugee Protection Act, S.C. 2001, c. 27  (“IRPA ”), recognizes that there are important social, cultural and economic benefits to immigration. It also recognizes that successful integration of permanent residents involves mutual...

  • R. v. Jones, [2017] 2 SCR 696

    [1]                              The appellant, Mr. Jones, was convicted of several firearms and drug trafficking offences. His convictions rest on records of text messages seized from a Telus account associated with his co-accused pursuant to a production order obtained under s. 487.012  (now s. 48...

  • Delta Air Lines Inc. v. Lukács, 416 DLR (4th) 579

    [1]                              The respondent, Dr. Gábor Lukács, filed a complaint with the Canadian Transportation Agency (“Agency”), alleging that the appellant, Delta Air Lines Inc. (“Delta”), applied discriminatory practices governing the carriage of obese persons. The Agency dismissed this...

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