R. v. Brown, 2022 SCC 18
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Wagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Citation | 2022 SCC 18 |
| Date | 13 May 2022 |
| Court | Supreme Court (Canada) |
| Docket Number | 39781 |
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60 practice notes
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R. v. Sullivan, 2022 SCC 19
...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ......
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R. v. J.J., 2022 SCC 28
... [1995] 4 S.C.R. 154 ; R. v. Mentuck, 2001 SCC 76 , [2001] 3 S.C.R. 442 ; M. (A.) v. Ryan, [1997] 1 S.C.R. 157 ; R. v. Brown, 2022 SCC 18; Canada (Attorney General) v. Bedford, 2013 SCC 72 , [2013] 3 S.C.R. 1101 ; Carter v. Canada (Attorney General), 2015 SCC 5 , [2015] 1 S.C.R. 331 ......
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Consent
...discussion of automatism in that context. 195 Supra note 193; R v Bernard , ibid at para 73. 196 R v Sullivan , 2022 SCC 19; R v Brown , 2022 SCC 18. 197 Sansregret v The Queen , supra note 24 at 582. © 2024 Emond Montgomery Publications. All Rights Reserved. Chapter 14 Consent 477 substitu......
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Table of Cases
...273 (Sup Ct J) .............. 454-55 Brown, R v , 2021 NSPC 32 ................................................ 278, 280 Brown, R v , 2022 SCC 18 ....................................................... 92 Brown v Regional Municipality of Durham Police Service Board , 1998 CanLII 7198, 43 OR......
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35 cases
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R. v. J.J., 2022 SCC 28
... [1995] 4 S.C.R. 154 ; R. v. Mentuck, 2001 SCC 76 , [2001] 3 S.C.R. 442 ; M. (A.) v. Ryan, [1997] 1 S.C.R. 157 ; R. v. Brown, 2022 SCC 18; Canada (Attorney General) v. Bedford, 2013 SCC 72 , [2013] 3 S.C.R. 1101 ; Carter v. Canada (Attorney General), 2015 SCC 5 , [2015] 1 S.C.R. 331 ......
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R. v. Sullivan, 2022 SCC 19
...dismissed. C’s application for leave to cross‑appeal should be quashed for want of jurisdiction. In the companion appeal of R. v. Brown, 2022 SCC 18, the Court concludes that s. 33.1 violates the Charter and is of no force or effect pursuant to s. 52(1) of the Constitution Act, 1982 . That ......
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Grandel v Government of Saskatchewan,
...issues, the minimal impairment requirement is met if Parliament has chosen one of several reasonable alternatives” (see also: R v Brown, 2022 SCC 18 at para 135; and Hutterian Brethren at para 108 In Ontario Churches CA, Sossin J.A., whose reasoning I agree with on this point as well, obser......
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Metro Taxi Ltd et Al v City of Ottawa,
...are minimally impairing; and (iii) there is proportionality between the effects of the impugned provisions and the objective: R. v. Brown, 2022 SCC 18, 472 D.L.R. (4th) 459, at para. 110, citing R. v. Oakes, [1986] 1 S.C.R. 278 Turning to the Code, its purpose is meant to provide protection......
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5 firm's commentaries
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What Is Automatism? And Can It "Justify" Violent Criminal Behaviour In Canada?
...voluntary control over that action" (R v. Stone, [1999] 2 S.C.R. 2019, at para. 156).1 Court Decisions Involving Automatism In R v. Brown, 2022 SCC 18, the defendant, consumed alcohol and magic mushrooms at a party, which contained psilocybin. He then "lost his grip on reality" and left the......
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Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ......
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Disagreement Is Not Enough: Supreme Court Clarifies Horizontal Stare Decisis
...Sullivan and Mr. Chan were convicted.1 The appeal of the two convictions were heard together and reached the Supreme Court. In R v Brown, 2022 SCC 18, a decision released concurrently, the Supreme Court had already concluded that s. 33.1 of the Code violated the Charter and was of no force ......
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In Sullivan, The SCC Clarifies Role Of Stare Decisis In Constitutional Litigation
...an eye on constitutional litigation and decisions from across the country when seeking relief under s. 52(1). Footnotes 1. R v. Brown, 2022 SCC 18. 2. R v. Sullivan, 2022 SCC 3. Automatism is a state of unconsciousness that renders a person incapable of consciously controlling their behavio......
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19 books & journal articles
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Consent
...discussion of automatism in that context. 195 Supra note 193; R v Bernard , ibid at para 73. 196 R v Sullivan , 2022 SCC 19; R v Brown , 2022 SCC 18. 197 Sansregret v The Queen , supra note 24 at 582. © 2024 Emond Montgomery Publications. All Rights Reserved. Chapter 14 Consent 477 substitu......
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Table of Cases
...273 (Sup Ct J) .............. 454-55 Brown, R v , 2021 NSPC 32 ................................................ 278, 280 Brown, R v , 2022 SCC 18 ....................................................... 92 Brown v Regional Municipality of Durham Police Service Board , 1998 CanLII 7198, 43 OR......
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The Special Part: Homicide, Sexual, Property, and Terrorism Offences
...7, Section E for further discussion. 337 R v Bernard , [1988] 2 SCR 833. 338 [1994] 3 SCR 63. This decision was airmed in R v Brown , 2022 SCC 18. 339 Under amendments to s 33.1 SC 2022, c 11, an accused could have a defence of extreme intoxication to sexual assault that would lead to an ac......
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Table of Cases
...209, 513 Brown , R v , 2010 SKQB 420 ................................................... 121 Brown , R v , 2022 SCC 18 .................................................. 298, 476 Browne v Dunn , 1893 CanLII 65, 6 R 67 (HL) .......................... 127, 180, 255-60 Browne , R v , [2008] OJ......
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