Canada Case Law

R. v. August-Sjodin

Court

Supreme Court of British Columbia

Appeal from a provincial offence conviction for failing to produce proof of insurance was dismissed. The court rejected jurisdictional, bias, and pseudo-legal arguments.

• Production of proof of insurance (motor vehicle act s.33(1))
• Jurisdiction of provincial court and assignment of judicial justices
• Allegations of judicial bias and procedural fairness
• Conflict of interest: ticketing officer acting as prosecutor
• Summary dismissal of pseudo-legal arguments
• Application of indigenous rights to provincial legislation

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R. v. Comeau

Court

Supreme Court of Canada

La Cour suprême a conclu que l’art. 134(b) de la Liquor Control Act du Nouveau-Brunswick ne contrevient pas à l’art. 121 de la Loi constitutionnelle de 1867.

• Section 121 interpretation
• Stare decisis and evidentiary exception
• Division of powers (ss.91,92)
• Statutory interpretation (purposive)
• Liquor control regulation
• Constitutional-law

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Bessette v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court dismissed a petition for judicial review of a Provincial Court ruling declining to order a French-language trial for a Motor Vehicle Act charge.

• Language rights in criminal/provincial proceedings
• Judicial review vs appealability
• Interlocutory relief
• Prerogative remedies (certiorari, mandamus)
• Jurisdictional error vs error of law
• Judicial economy

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Orgaworld Canada Ltd. v. Ontario

Orgaworld Canada Ltd. v. Ontario (Environment and Climate Change)

Court

Court of Appeal for Ontario

The application judge did not err in declining to hear the s.24(1) Charter application because the appellant had an alternative, appropriate remedy to raise the s.11(b) delay issue in the Provincial Offences Appeal Court; proceeding there poses no disadvantage and provides the full record, therefore the appeal is dismissed.

Source excerpt

• Charter s.11(b) delay
• Charter s.24(1) remedy
• Discretion to decline jurisdiction
• Appeal procedure

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Ontario v. Hamilton Health Sciences Corporation

Court

Court of Appeal for Ontario

The failure to notify the Board under s.21(1) is a continuing offence that, once the three-day grace period has expired, persists until the employer reports; therefore the limitation period in the Provincial Offences Act is satisfied if the information is laid within six months of the date the duty was performed or while the breach continues, and the information in this case was timely.

Source excerpt

• Continuing offence
• Statute of limitations
• Reporting obligations
• Workplace safety and insurance act compliance

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