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7 NOV.

Government of Saskatchewan – Minister of Environment v. Métis Nation – Saskatchewan, et al. (40740)

The respondents, Métis Nation – Saskatchewan, and Métis Nation – Saskatchewan Secretariate Inc. (collectively, “the Métis respondents” or “MNS”), have long claimed Aboriginal title and rights (including commercial rights) to large areas of the Province of Saskatchewan. The appellant, Government of Saskatchewan, has consistently opposed the existence or recognition of such rights.In 1994, MNS (along with other plaintiffs) brought an action against Saskatchewan and Canada, seeking declarations that the Métis respondents have existing title and rights within the claimed land area, including use of resources for commercial purposes (the “1994 Action”). In 2005, Justice Koch stayed the 1994 Action, in response to a dispute between the parties with respect to the disclosure of certain documents, but granted permission to the MNS to apply for leave to lift the stay in future; to date, MNS has not applied to have the stay lifted.In 2020, MNS commenced a second action against Saskatchewan, challenging a 2010 policy document issued by the Province which had reiterated that claims to Aboriginal title and commercial rights would not be “accepted” by the provincial government, and would not be subject to the Crown’s duty to consult (the “2020 Action”). This action remains ongoing.In March 2021, a resource company (NexGen Energy Ltd.) applied to the Government of Saskatchewan for permits to complete a field mineral exploration program on certain lands that fell within the MNS claim area. In May 2021 and during the early summer of 2021, Saskatchewan met with MNS to consult the Métis about the NexGen permit applications. In July 2021, the Government of Saskatchewan issued three uranium exploration permits to NexGen. In August 2021, MNS filed an originating application for judicial review of the decision of the Minister of Environment to grant the permits. In December 2021, Saskatchewan filed a notice of application for an order to strike portions of MNS’s originating application for judicial review, relying on Rules 1-4(3) and 7-9(2)(b) of The Queen’s Bench Rules, and arguing that certain paragraphs of the originating application should be struck as vexatious or an abuse of process, given that they addressed matters already covered by the 1994 Action and the 2020 Action. The chambers judge granted the application. The Court of Appeal unanimously allowed the Métis respondents’ appeal, reinstating the impugned paragraphs in MNS’s originating application. Argued Date 2024-11-06 Keywords Aboriginal law — Aboriginal rights — Aboriginal title — Crown’s duty to consult — Civil procedure — Abuse of process — Aboriginal group bringing application for judicial review of provincial government decision to issue mining permits to resource company — Aboriginal group alleging failure to fulfill duty to consult — Provincial government moving to strike portions of originating application in light of two other ongoing actions involving same Aboriginal rights and title claims — Chambers judge striking portions of originating application, based on abuse of process doctrine — Court of Appeal setting aside chambers judge’s decision — Whether it is an abuse of process for a claimant to bring multiple actions against the Crown raising the same legal issue in relation to the duty to consult — Whether Haida Nation decision allows claimants to bring duty to consult claims against the Crown based on asserted rights without pursuing the proof of those rights — Queen’s Bench Rules (Saskatchewan), rr. 1-4, 7-9. Notes (Saskatchewan) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Offic

7 nov.

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2 h 21 min
4 NOV.

I.M. v. His Majesty the King (40868)

(PUBLICATION BAN IN CASE) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)The appellant participated in a planned robbery with intent to steal a firearm from a seventeen year old youth. He and his co-assailants attacked the victim outside his residence. They beat him and stabbed him. Their victim died from his wounds. The appellant and his co-assailants then entered the victim’s home, pistol-whipped the victim’s mother, and searched the home for firearms. The appellant was charged with first degree murder. He was seventeen years old at the time of the offence and was tried before a jury in Youth Justice Court. He conceded at trial that he was guilty of manslaughter because he willingly participated in a planned robbery. The jury convicted the appellant of first degree murder. The Crown applied to have the appellant sentenced as an adult. The sentencing judge granted the application and sentenced the appellant to life imprisonment without eligibility for parole for 10 years. The Court of Appeal dismissed an appeal from the sentencing decision. Argued Date 2024-10-15 Keywords Criminal law — Sentencing — Young person sentenced as adult — Whether the Court of Appeal erred in sentencing a young person as an adult on the basis that Crown counsel rebutted the presumption of diminished moral blameworthiness under s. 72(1) of the Youth Criminal Justice Act, S.C. 2002, c. 1? Notes (Ontario) (Criminal) (By Leave) (Publication ban in case) (Certain information not available to the public) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

4 nov.

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3 h 13 min
17 OCT.

His Majesty the King v. Jennifer Pan, et al. (40839)

Armed men entered the home of Jennifer Pan and her parents. They shot and killed Mrs. Pan. They shot and seriously injured Mr. Pan. Jennifer Pan, Mr. Wong, Mr. Crawford, Mr. Mylvaganam and Mr. Carty were charged with first degree murder and attempted murder. They were tried before a jury. Mid-trial, proceedings against Mr. Carty were severed. The jury convicted Jennifer Pan, Mr. Wong, Mr. Crawford and Mr. Mylvaganam on both counts. They appealed from their convictions. The Court of Appeal dismissed the appeals from the convictions for the attempted murder of Mr. Pan. It allowed the appeals from the convictions for the first degree murder of Mrs. Pan and ordered a new trial in relation to her death. Argued Date 2024-10-17 Keywords Criminal law — Charge to jury — Offences — Evidence — Remitting counts for retrial — Jurors — What is the test for placing alternative theories of liability for a homicide to a jury, what deference is due to trial judge’s determination of whether an alternative has an air of reality, and whether the curative proviso ought to have been applied to decision not to put alternatives to the jury — Whether appellate courts should remit associated counts for retrial where doing otherwise risks inconsistent trial verdicts, whether the tainting doctrine is part of the test for remittance or for application of curative proviso, and which party bears the onus for establishing tainting and remittance — Scope of the trial judge’s duty in a multi-person complex prosecution to tailor to an accused instructions to the jury on use of evidence of a co-accused’s propensity for violence — Whether trial judge failed to properly assess evidence in considering reasonable apprehension of bias or appearance of unfairness arising from juror interference, sufficiency of inquiry into juror issues and deference due to trial judge’s decisions on juror issues — Admissibility and use of presentations summarizing evidence, what rules and procedural requirements apply to determine admissibility and use by a jury of aids summarizing evidence supporting Crown counsel’s case, and whether PowerPoint presentation supporting Crown counsel’s case was improperly allowed to go into jury room? Notes (Ontario) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

17 oct.

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2 h 50 min
03/12/2023

York Region District School Board v. Elementary Teachers’ Federation of Ontario (40360)

The private communications of two teachers, recorded on their personal, password-protected log were read and captured by screenshots taken by their school principal, and then used by the respondent school board (“Board”) to discipline them. The union filed a grievance against the written reprimand issued to the teachers (“Grievors”) claiming the Board violated the Grievors right to privacy by assessing private digital information without reasonable cause and using that information as the basis for an investigation that led to the discipline.By the time the grievance was heard, the written reprimands had been removed from the Grievors’ records. But the parties agreed to move forward with the issue of the alleged breach of the right to privacy.The arbitrator dismissed the grievance against the Board. The majority of the Divisional Court upheld the arbitrator’s decision and dismissed the appeal. The Court of Appeal allowed the appeal and quashed the award of the arbitrator. Argued Date 2023-10-18 Keywords Canadian charter (Non-criminal) - Charter of Rights — Unreasonable search and seizure — Reasonable expectation of privacy — Private communications of teachers captured by screenshots taken by school principal and used for discipline purposes — What standard of review applies to labour arbitrator’s decision adjudicating employee’s privacy claim — Whether Charter applies to school boards — Scope and content of employee’s privacy rights in workplace, either under s. 8 of Charter or common law. Notes (Ontario) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

03/12/2023

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3 h 30 min
21/03/2023

Attorney General of Canada v. Attorney General of Alberta (Day 1/2) (40195)

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:1. Is Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28, unconstitutional in whole or in part, as being beyond the legislative authority of the Parliament of Canada under the Constitution of Canada?2. Is the Physical Activities Regulations, SOR/2019 285, unconstitutional in whole or in part by virtue of purporting to apply to certain activities listed in Schedule 2 thereof that relate to matters entirely within the legislative authority of the Provinces under the Constitution of Canada?The majority of the Court of Appeal of Alberta was of the opinion that the IAA is ultra vires Parliament, and that the IAA and Regulations are unconstitutional. Greckol J.A., dissenting, was of the opinion that the IAA and Regulations are a valid exercise of Parliament’s authority to legislate on the matter of the environment. Argued Date 2023-03-21 Keywords Constitutional law - Division of powers, Environmental law - Constitutional law — Division of powers — Environment — Whether Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28 (“IAA”), is intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Physical Activities Regulations, SOR/2019 285 (“Regulations”), are intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Court of Appeal of Alberta erred in its characterization of the pith and substance of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its classification of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its application of the doctrine of interjurisdictional immunity to disapply the IAA and Regulations. Notes (Alberta) (Civil) (As of Right) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

21/03/2023

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2 h 12 min
29/11/2022

Earl Mason, et al. v. Minister of Citizenship and Immigration, et al. (39855)

Section 34(1)(e) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”) provides that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada”. The Minister alleged that both appellants were foreign nationals who were inadmissible under s. 34(1)(e) of the IRPA.The issue before the Immigration Board and the Immigration Appeal Division was whether s. 34(1)(e) applied only where there is a connection to national security. Both agreed with the Minister that it did not. In their view, s. 34(1)(e) operates whether or not there is a connection to national security.On judicial review, the Federal Court quashed the decisions in the two cases.Both cases were heard together at the Federal Court of Appeal. It allowed the appeals, set aside the judgments of the Federal Court and dismissed the applications for judicial review. It found the administrative interpretation of s. 34(1)(e) was reasonable and answered the following certified question:Q.: Is it reasonable to interpret para. 34(1)(e) of the Immigration and Refugee Protection Act in a manner that does not require proof of conduct that has a nexus with “national security” or the “security of Canada”?A. Yes. Argued Date 2022-11-29 Keywords Immigration - Judicial review - Immigration — Inadmissibility on security grounds for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada” — Judicial review — Interpretation of s. 34(1)(e) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA) — Whether reasonable interpretation of s. 34(1)(e) of IRPA requires national security nexus — Whether s. 34(1)(e) of IRPA can apply to conduct that does not require a nexus to “national security” or “security of Canada” — How should reviewing courts determine whether a legislative provision can bear only one reasonable interpretation and what constraints will bear on this assessment — Whether Federal Court of Appeal erred in overturning Federal Court’s findings that tribunal decisions were unreasonable. Notes (Federal) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

29/11/2022

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3 h 19 min
12 FÉVR.

His Majesty the King v. Private D.T. Vu (40655)

(Publication ban in case)In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being a lack of subjective consent) beyond a reasonable doubt.The appellant Crown appealed to the Court Martial Appeal Court. It submitted that the military judge erred in finding that the prosecution failed to prove a lack of consent or capacity to consent. Its submission rested on the proposition recognized in R. v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197, that the judge committed a legal error by failing to consider the entirety and cumulative effect of the evidence in reaching his conclusion on the issue. A majority of the appeal court (per Bell C.J. and Trotter J.A.) dismissed the appeal. It held the military judge did not err in law in his analysis leading to the respondent’s acquittal. Any findings the military judge made that the majority took issue with were held to have no bearing on the verdict reached. The majority further held that in the event it was incorrect on this point, it would rely upon s. 241 of the NDA, which states that “[n]otwithstanding anything in this Division, the Court Martial Appeal Court may disallow an appeal if, in the opinion of the Court, to be expressed in writing, there has been no substantial miscarriage of justice”. In dissent, McVeigh J.A. would have allowed the appeal and ordered a new trial. In her view, the military judge erred in law by failing to consider all of the evidence cumulatively, which led him to speculate improperly about alternative theories. These errors might have reasonably had a material bearing on the verdict. Further, the military judge erred by relying on improper inferences which, in effect, amounted to an insistence that the complainant’s intoxication had to be corroborated beyond the available evidence in this case. Argued Date 2024-01-16 Keywords Criminal law — Armed forces — Military Offences —Sexual Assault — Evidence — Whether the military judge failed to consider all of the evidence cumulatively — Whether the military judge assessed the evidence based on the wrong legal principles. Notes (Federal) (Criminal) (As of Right) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

12 févr.

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1 h
20 FÉVR.

Nicolas Landry v. His Majesty the King (40394)

(PUBLICATION BAN IN CASE)The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of the appellant’s work activities but did not tell the physician-arbitrator about them.The trial judge found that all the elements of the offence of fraud over $5,000 had been established. The appellant was convicted of one count of fraud. The majority of the Court of Appeal upheld the trial judge’s decision, while the minority would have substituted a verdict of attempted fraud. Argued Date 2024-01-17 Keywords Criminal law — Offences — Elements of offence — Fraud — Deprivation — Concurrence between actus reus and mens rea — Proof of causation — Whether Court has jurisdiction to hear appeal as of right under s. 691(1)(a) of Criminal Code — Whether majority of Court of Appeal interpreted essential element of deprivation too broadly — Whether victim’s prior knowledge of scheme prevents deprivation from being shown — Criminal Code, R.S.C. 1985, c. C-46, s. 380(1). Notes (Quebec) (Criminal) (As of Right) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

20 févr.

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1 h 13 min
5 MARS

Trevor Ian James Lindsay v. His Majesty the King (40569)

The appellant, Trevor Ian James Lindsay, is a constable with the Calgary Police Service. While processing an arrestee, an altercation occurred between the appellant and the arrestee that left the latter with serious injuries. The appellant was charged with aggravated assault under s. 268 of the Criminal Code. At trial, the appellant’s defence included s. 25 of the Criminal Code, which protects peace officers from liability related to their lawful use of force. The trial judge concluded that s. 25 did not protect the appellant from criminal liability for his actions. A majority of the Court of Appeal agreed. However, Wakeling J.A., in dissent, would have held that the trial judge erred in concluding that the prosecution had proven beyond a reasonable doubt that the appellant’s actions constituted an assault, and also that the trial judge erred in concluding that s. 25 did not apply. Wakeling J.A. would have allowed the appeal and ordered a new trial. Argued Date 2023-12-14 Keywords Criminal Law — Defences — Use of force by peace officer — Protection of peace officers — Whether the majority of the Court of Appeal of Alberta erred in upholding the trial judge’s decision that s. 25 of the Criminal Code did not protect the appellant from criminal liability — Whether the majority of the Court of the Appeal erred in upholding the trial judge’s decision that the prosecution had proven the elements of aggravated assault beyond a reasonable doubt — Criminal Code, s. 25. Notes (Alberta) (Criminal) (As of Right) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

5 mars

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1 h 6 min
15 FÉVR.

Daniel Hodgson v. His Majesty the King (40498)

Appellant Daniel Hodgson was charged with second-degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who had been sleeping in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson applied a one-arm choke hold on him.Mr. Hodgson was acquitted at trial. The trial judge had a reasonable doubt as to whether Mr. Hodgson had the requisite intent for murder. On the lesser included offence of manslaughter, the trial judge concluded that the Crown had not proven beyond a reasonable doubt that Mr. Hodgson did not act in self-defence pursuant to s. 34 of the Criminal Code, R.S.C. 1985, c. C-46. The Court of Appeal set aside the acquittal and ordered a new trial. Argued Date 2024-02-15 Keywords Criminal Law — Defences — Self-Defence — Appellant charged with second-degree murder following an altercation at party — Trial judge finding no intent to murder, and Crown failing to disprove self-defence on the lesser included offence of manslaughter — Appellant acquitted — Court of Appeal setting aside acquittal and ordering new trial — Whether Court of Appeal exceeded its jurisdiction in concluding that the trial judge’s failure to infer intent for murder was a reviewable legal error — Whether the Court of Appeal erred in concluding that the trial judge was required to infer the intent for murder — Whether the Court of Appeal erred in concluding that the trial judge erroneously approached the issue of the reasonableness of the Appellant’s response from a purely subjective perspective — Criminal Code, R.S.C. 1985, c. C-46, s. 34. Notes (Nunavut) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

15 févr.

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2 h 1 min

Unedited audio of oral arguments at the Supreme Court of Canada, available in both English (including simultaneous translation) and the original floor audio (i.e., the original English or French, as presented in Court). Created as a public service to promote public access and awareness of the workings of Canada's highest court. Not affiliated with or endorsed by the Court. Original archived webcasts can be found on the Court's website at scc-csc.ca. Feedback welcome: podcast at scchearings dot ca.

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Meilleures émissions

Government of Saskatchewan – Minister of Environment v. Métis Nation – Saskatchewan, et al. (40740)

I.M. v. His Majesty the King (40868)

His Majesty the King v. Jennifer Pan, et al. (40839)

York Region District School Board v. Elementary Teachers’ Federation of Ontario (40360)

Attorney General of Canada v. Attorney General of Alberta (Day 1/2) (40195)

Earl Mason, et al. v. Minister of Citizenship and Immigration, et al. (39855)

His Majesty the King v. Private D.T. Vu (40655)

Nicolas Landry v. His Majesty the King (40394)

Trevor Ian James Lindsay v. His Majesty the King (40569)

Daniel Hodgson v. His Majesty the King (40498)

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