Summaries Sunday: Supreme Advocacy

• Author: Administrator
• Date: January 27, 2019

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 (December 21, 2018 – January 25, 2019 inclusive).

Appeals

Constitutional Law/Charter: Right to Vote
Frank v. Canada (Attorney General), 2019 SCC 1 (36645)

A.G. Canada concedes the limit on the voting rights of non-residents breaches s. 3 of the Charter. Not justified under s. 1. The vague and unsubstantiated electoral fairness objective that is purportedly served by denying voting rights to non-resident citizens simply because they have crossed an arbitrary five-year threshold does not withstand scrutiny.

Trusts: “Henson trusts”
S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4 (37551)

The Henson trust, as set up here, is no disqualification for rental assistance.

Oral Judgments

Criminal Law: Sexual Assault Causing Bodily Harm
R. v. Beaudry, 2018 CMAC 4; 2019 SCC 2 (38308)

Justice Gascon: “We are all of the view that the Crown’s motion to stay the declaration of invalidity in the Court Martial Appeal Court judgment of September 19, 2018, should be dismissed. The applicable criteria set out in A.G. Man. v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, and RJR MacDonald Inc. v. A.G. Can. [1994] 1 S.C.R. 311, are not in dispute. The Crown has failed in our view to establish that the balance of convenience favours granting the stay sought. The motion is therefore dismissed.”

Criminal Law: Theft
R. v. Fedyck,2018 MBCA 74; 2019 SCC 3(38214)

The Court: “We agree with the reasons of the majority in the Court of Appeal. Accordingly the appeal is dismissed.”

Leave to Appeal Granted

Criminal Law: Entrapment
Ahmad v. R., 2018 ONCA 534 (38165)

Was there entrapment on the facts herein.

Criminal Law: Entrapment
Williams v. R., 2018 ONCA 534 (38304)

Was there entrapment on the facts herein.