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Canada Case Law

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Election law

Sinclair-Desgagné v. Canada (Chief Electoral Officer)

The Supreme Court of Canada held that an Elections Canada postal-code error on special-ballot return envelopes was an irregularity that affected the result and annulled the Terrebonne election.

  • Federal election
  • Contested election application
  • Special ballot/mail-in ballot
  • Irregularities affecting result
  • Annulment of election
  • Statutory interpretation
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Constitutional law

R. v. R.B.-C.

The Supreme Court held that post-verdict sentencing delay is assessed under a “markedly longer” test, not a fixed ceiling, and upheld a sentence reduction remedy.

  • Charter s. 11(b) reasonable time
  • Post-verdict sentencing delay
  • Remedy for constitutional breach
  • Sentencing delay
  • Charter-s-11b-reasonable-time
  • Post-verdict-sentencing-delay
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Constitutional law

R. v. Jacques-Taylor

The Supreme Court held that delay caused by a co-accused’s counsel in a joint trial can be a discrete exceptional circumstance under s. 11(b), so the stay was set aside.

  • Charter right to be tried within reasonable time
  • Jordan framework
  • Exceptional circumstances
  • Joint trials
  • Defence delay
  • Case management
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Constitutional law

R. v. Vrbanic

The Supreme Court allowed the Crown’s appeal, set aside a stay under s. 11(b) of the Charter, and held the project prosecution was particularly complex.

  • Charter right to be tried within a reasonable time
  • S. 11(b) delay
  • Jordan framework
  • Case complexity exception
  • Stay of proceedings
  • Charter-right-to-trial-within-reasonable-time
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Constitutional law 2026 FC 632

Best v. Racicot

The Federal Court dismissed Casey Best’s late motion to extend time and reopen a strike order, finding no sufficient basis to revisit the pleadings.

  • Charter s7 and s15 claims
  • Motion to strike (strike pleadings)
  • Extension of time under federal court rules
  • Reconsideration (rule 397)
  • Variance (rule 399)
  • Appeal of discretionary orders (rule 51)
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Criminal law 2026 ONCA 357

R. v. K.F.

The Ontario Court of Appeal admitted fresh evidence, allowed the appeal, quashed the conviction, and ordered a new trial in French.

  • Right to be tried in french
  • Section 530(3) compliance
  • Fresh evidence admissibility
  • Curative proviso (s.686(1)(b)(iv))
  • Remedy: quash conviction and order new trial
  • French-language-trial-right
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Administrative law 2026 ONCA 344

Derenzis v. Ontario

Court of Appeal set aside a Rule 30.10 production order against Tribunals Ontario, finding the requested tribunal records were not shown to be probative or necessary.

  • Non-party production (rule 30.10)
  • Deliberative secrecy (litigation privilege)
  • Solicitor-client privilege
  • Adjudicative independence
  • Section 96 challenge
  • Charter ss.7 and 15 challenges
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Constitutional law 2026 BCSC 887

Nicholas v. Attorney General (Canada)

After weighing the Descheneaux factors the court concluded Canada did not meet the heavy burden to justify a six‑month extension: although there has been legislative movement and ISC administrative steps, the legislative path and timetable remain uncertain, concrete harm to some BC residents would result from further delay, and ISC mitigation does not justify prolonging the suspension; accordingly the application to extend the suspension was dismissed and only the brief interim extension remains in effect.

  • Charter s.15 equality
  • Declaration of invalidity
  • Suspension of declaration
  • Indian act s.6(1)
  • Legislative remedy and implementation
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Administrative law 2026 FC 624

Moulton v. Canada (Attorney General)

The Federal Court dismissed Mr. Moulton’s judicial review of a VRAB appeal decision on hypertension entitlement, finding the four-fifths award reasonable and no procedural unfairness.

  • Vrab de novo proceedings
  • Standard of review (reasonableness)
  • Procedural fairness and notice requirements
  • Causation for disability entitlement
  • Benefit of the doubt (s 39 vrab act)
  • Retroactive awards (s 39(2) pension act)
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.