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The Supreme Court held that New Brunswick’s Lieutenant Governor must be able to understand, communicate in, and perform the office in both official languages.
Applying the 2011 amendments that raised the judicial screening threshold from "reasonable prospect" to "substantial likelihood" to offenders who committed murder between Jan 9, 1997 and Dec 2, 2011 retrospectively increased their punishment in violation of s.11(i) of the Charter; the violation is not justified under s.1, and the appropriate remedy is to apply the pre-2011 "reasonable prospect" threshold and remit the matter for a new screening hearing.
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The Supreme Court dismissed the Crown’s appeal, upholding exclusion of evidence and a new trial after police unlawfully entered and conducted a clearing search.
The judge was left with a reasonable doubt as to whether Forrest was in the back of the truck when the accused started to drive (based on testimony of the accused and passenger and weaknesses in Crown witnesses), therefore the Crown failed to prove dangerous driving causing bodily harm beyond a reasonable doubt and the accused was acquitted; the court further found that driving on Lucasville Road was not a proper included offence for the charged facts because it was not a necessary part of the transaction focused on the driveway incident and convicting on that basis would be unfair; the neces…
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Appeal by the Crown in a Charter case over pre-charge delay; the Supreme Court set aside a stay of proceedings and allowed the appeal.
The Supreme Court of Canada dismissed Scott Diamond’s appeal, upholding convictions for weapon possession and cocaine trafficking after a traffic-stop search challenge.
The Supreme Court of Canada dismissed the appeal in R. v. Rowson, upholding convictions and holding that admission of the breath sample evidence was not so unfair as to bring justice into disrepute.
The Supreme Court of Canada dismissed an appeal in a Charter case involving arbitrary detention and exclusion of evidence, agreeing the evidence should not be excluded.
The Supreme Court of Canada dismissed the appeal in R. v. Day, upholding the lawfulness of the arrest and the warrantless vehicle search incident to arrest.
The court dismissed two accused’s Charter delay applications, holding the post-charge delay was not unreasonable and a stay of proceedings was unwarranted.
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