Summaries Sunday: Supreme Advocacy

• Author: Administrator
• Date: January 11, 2015

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.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with) (Dec. 11, 2014 – Jan. 6, 2015 inclusive).

Appeals

Criminal Law: Search & Seizure; Cellphones
R. v. Fearon, 2014 SCC 77 (35298)
Searches of cell phones incident to arrest is permitted, provided the search (both what is searched and how it is searched) is strictly incidental to the arrest and police keep detailed notes of what has been searched and why.

Oral Judgments

Criminal Law: (Alleged) Unreasonable Search & Seizure
R. v. Day, 2014 SCC 74 (35822)
The Chief Justice: “In spite of the able argument of Mr. Mahoney, we are all of the view to dismiss the appeal for the reasons of Hoegg J.A.”

Criminal Law: HIV Status; Aggravated Sexual Assault
R. v. Wilcox, 2014 SCC 75 (35758)
Karakatsanis J.: “This is an appeal as of right on a question of law. We agree with the majority of the Quebec Court of Appeal that it was open to the trial judge to conclude beyond a reasonable doubt that the complainant would not have engaged in sexual relations had he known about the appellant’s HIV positive status. The fact that the trial judge also found that it was possible that the sexual relationship continued after disclosure, despite the complainant’s denial, does not necessarily render that first finding unreasonable. While it would have been preferable for the trial judge to more fully explain his reasoning relating to the complainant’s credibility, we are not satisfied that the trial judge erred in the analytical process set out in R. v. W. (D.), [1991] 1 S.C.R. 742, or that he failed to analyze the evidence as a whole relating to an ultimate issue. The appeal is dismissed.”

Criminal Law: Manslaughter

R. v. MacLeod, 2014 SCC 76 (35957)
Cromwell J.: “In our view, it was an error of law in this case not to leave manslaughter with the jury notwithstanding the position of the defence at trial. The appeal is dismissed.”

Leave to Appeals Granted

Criminal Law: Impaired Sentencing
Lacasse v. R., 2014 QCCA 1061 (36001)
What is the appropriate sentence for impaired causing death (two, two deaths).

Criminal Law: Inmate Transfer
Khadr v. Edmonton Institution, 2014 ABCA 225 (36081)
When can an...