Summaries Sunday: Supreme Advocacy

• Author: Administrator
• Date: April 01, 2018

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (February 15 – March 29, 2018 inclusive).

Oral Judgments

Criminal Law: Sexual Assault
R. v. A.R.J.D., 2018 SCC 6 (37715) Judgment rendered Feb. 13, 2018

The Chief Justice: “The appellant was acquitted at trial of three sexual offences … A majority of the Court of Appeal of Alberta allowed the Crown’s appeal … We would dismiss … In considering the lack of evidence of the complainant’s avoidance of the appellant, the trial judge committed the very error he had earlier in his reasons instructed himself against: he judged the complainant’s credibility based solely on the correspondence between her behaviour and the expected behaviour of the stereotypical victim of sexual assault. This constituted an error of law. We do not read the majority reasons, including paras. 39 and 41 highlighted by the defence, as suggesting otherwise.”

Criminal Law: Sexual Assault
R. v. G.T.D., 2018 SCC 7 (37756) Judgment rendered Feb. 19, 2018

There is publication ban in this case and on the name of the party, with oral reasons by Justice Brown, in which Chief Justice Wagner dissented, in the context of the “hold off” period for police questioning.

Criminal Law: Sexual Assault with a Weapon
R. v. A.G.W., 2018 SCC 9 (37795) Judgment rendered Feb. 19, 2018

There is a publication ban in this case and on the name of the party, with unanimous oral reasons by Justice Abella, dismissing the appeal, for the reasons of the majority in the C.A. upholding the conviction.

Criminal Law: Sexual Interference
R.A. v. Her Majesty The Queen, 2018 SCC 13 (37757) Judgment rendered March 26, 2018

Justice Moldaver: “A majority of the Court would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal. Justice Gascon, dissenting, would have allowed the appeal for the reasons of Justice Trotter.”

Criminal Law: Judges’ Reasons
R. v. Black, 2018 SCC 10 (37665) Judgment rendered March 15, 2018

The Chief Justice: “Mr. Black was convicted at trial of importing cocaine into Canada, contrary to s. 6(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 . His appeal against conviction was dismissed by a...