Canada Case Law

Nova Scotia (Community Services) v. W.W.

Court

Nova Scotia Family Court

On the balance of probabilities the Court concluded W.W.’s chronic, long‑standing deficits (including personality disorder traits), failure to sustain or benefit from recommended intensive treatment, ongoing inconsistent, chaotic parenting, missed appointments and conduct that undermined placements create a substantial risk of physical and emotional harm to both children and are unlikely to be remedied within the statutory timelines; less intrusive alternatives were insufficient or inadequate, so permanent care and custody by the Minister is required as being in the children’s best interests.

Source excerpt

• Permanent care and custody
• Best interests of the child
• Substantial risk
• Statutory timelines
• Parental capacity assessment

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A.K.S. v. Nova Scotia (Community Services)

Court

Nova Scotia Court of Appeal

The trial judge did not impose a prerequisite of a formal medical diagnosis and reasonably and permissibly found on the evidence before her that the respondent had not been shown to be suffering from an emotional or behavioural disorder; that factual finding was entitled to appellate deference and did not amount to a palpable and overriding error, so the appeal is dismissed.

Source excerpt

• Secure-treatment orders
• Statutory interpretation
• Standard of review
• Evidentiary sufficiency
• Requirement of medical diagnosis

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R. v. N.S.

Court

British Columbia Court of Appeal

Appeal from a youth court conviction for sexual assault was dismissed. The Court of Appeal held the judge applied the correct burden of proof and properly assessed the child complainant’s evidence.

• Identity evidence
• Credibility of child witness
• Burden of proof
• Reasonable doubt
• Corroboration
• Credibility-of-child-witness

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R. v. B.(A.D.)

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed the appeal, upholding a procuring conviction on the basis that the appellant was a party under s. 21.

• Procuring a person to become a prostitute
• Party liability (s.21)
• Recruitment into prostitution
• Expert evidence on prostitution
• Voir dire/evidence inclusion
• Criminal-law

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R. v. Carroll et al.

Court

British Columbia Court of Appeal

British Columbia Court of Appeal upheld convictions in a prostitution-related case, finding no error in admitting prior testimony, refusing severance, or giving the party-liability charge.

• Admissibility of prior testimony (preliminary inquiry transcript)
• Hearsay on principled basis (necessity and reliability)
• Refreshing memory
• Voir dire timing
• Credibility findings
• Severance/joint trial

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C.B. v. The Queen

Court

Supreme Court of Canada

The Supreme Court of Canada held that “without publicity” in s. 12(1) of the Juvenile Delinquents Act means a juvenile trial must be held in camera.

• Meaning of "without publicity"
• Trial in camera
• Statutory interpretation
• Publication restrictions
• Media access to courts
• Juvenile-law

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Attorney General (Ontario) and Viking Houses v. Peel

Court

Supreme Court of Canada

The Supreme Court held that the Juvenile Delinquents Act did not authorize committal of juveniles to private corporate group homes under s. 20(1).

• Juvenile delinquents act s.20(1) and s.20(2)
• Committal to group homes
• Municipal liability for cost of care
• Scope of judicial disposition powers
• Ultra vires/intra vires
• Juvenile-delinquents-act

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Morris v. The Queen

Court

Supreme Court of Canada

The Supreme Court of Canada considered whether an accused could be cross-examined on juvenile delinquency findings and whether the judge’s remarks about prior arrest required a new trial.

• Cross-examination
• Previous convictions
• Juvenile delinquency
• Judge's charge to jury
• Canada evidence act s.12
• Criminal code s.593

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R. v. Jean B.

Court

Supreme Court of Canada

La Cour suprême conclut que l’art. 37(3) de la Loi sur les jeunes contrevenants n’exigeait pas une présentation littérale au juge dans les dix jours.

• Time limits for leave to appeal
• Bilingual statutory interpretation
• Jurisdictional effect of procedural time limits
• Official languages act interplay
• Statutory-interpretation
• Bilingual-statutory-interpretation

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Horsburgh v. R.

Court

Supreme Court of Canada

The Supreme Court of Canada ordered a new trial in a juvenile delinquency case, holding that participating youths could be accomplices and their evidence required caution.

• Contributing to juvenile delinquency
• Accomplice corroboration
• Child witness competency and corroboration
• Admission of recanting affidavits on appeal
• Character evidence
• Juvenile-delinquency

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