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Constitutional law 2025 BCSC 256

British Columbia College of Nurses and Midwives v. Lemay

The court dismissed Gloria Lemay’s interlocutory Charter application, finding no abuse of process on the record and reserving any solicitor-client privilege remedy.

  • Section 8 charter – unreasonable search and seizure
  • Section 7 charter
  • Abuse of process and stay of proceedings
  • Solicitor‑client privilege
  • S.29 health professions act execution
  • S.24(2) charter admissibility/grant factors
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Immigration law 2005 FC 1670

Canada (Citizenship and Immigration) v. Charkaoui

The Federal Court dismissed Adil Charkaoui’s constitutional and procedural challenge to the security-certificate protection scheme under the IRPA and IRPR.

  • Security certificate procedure
  • Pre-removal risk assessment (prra)
  • Non-refoulement
  • Delegation of executive power
  • Reasonable apprehension of bias
  • Abuse of process and stay of proceedings
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Extradition law 2004 BCCA 478

Maydak v. United States of America

The Court of Appeal dismissed Maydak’s extradition appeal, judicial review, stay request, and bail application, holding that supervised release was extraditable and no unfairness was shown.

  • Committal under extradition act s.29(1)(b)
  • Ministerial discretion on surrender
  • Judicial review and standard of review
  • Refugee claim and deemed rejection under irpa s.105(3)
  • Abuse of process and stay of proceedings
  • Judicial interim release (bail)
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Constitutional law 2003 BCSC 859

HMTQ v. Wilder

The court reviewed Charter challenges to Revenue Canada’s audit and requirement powers, finding some s.7 and s.8 breaches but admitting the evidence.

  • Income tax act s.231/231.1/231.2/231.3
  • Requirements and third‑party production
  • Predominant purpose test (audit vs. criminal investigation)
  • Section 7 charter (self‑incrimination)
  • Section 8 charter (search and seizure)
  • Section 24(1) and 24(2) remedies
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Criminal law 2000 NSCA 46

R. v. N.M.P.

Appeal dismissed: officer did not commit s.213(1)(c) because he lacked the requisite purpose/mens rea to obtain sexual services; the touching was situational police conduct and not sexual assault or consent vitiated by fraud under Cuerrier; police undercover methods in a bona fide prostitution sweep did not constitute abuse of process and did not justify a stay of proceedings.

  • Prostitution/solicitation (s.213 criminal code)
  • Abuse of process and stay of proceedings
  • Undercover policing and situational police conduct
  • Consent and sexual assault (fraud vitiating consent)
  • Mens rea for statutory offences
  • Charter ss.7 and 15 issues
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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.