Canada Case Law

Lover-Peace v. Erickson

Court

British Columbia Court of Appeal

The Court of Appeal held the NOCC, while containing prolix, evidentiary and irrelevant material, nonetheless discloses reasonable causes of action and was wrongly struck in its entirety; the correct remedy was to strike specified irrelevant and evidentiary portions under R.9-5(1)(b), set aside the abuse of process finding under R.9-5(1)(d), and remit the matter to the Supreme Court with directions to file an amended NOCC within 30 days.

Source excerpt

• Striking pleadings
• Abuse of process
• Leave to amend
• Negligence
• Intentional infliction of mental suffering
• Charter s.7

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Richard v. Canada (Attorney General)

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Canada’s appeal and upheld certification of a class action over immigration detainees held in provincial prisons.

• Charter s.7
• Charter s.9
• Charter s.12
• Charter s.15
• Negligence - duty of care
• Certification - common issues

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R. v. Gilmore-Bent

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the Crown's appeal and affirmed the trial judge's stay because her credibility findings, supported by video evidence, that an officer gratuitously used pepper spray and that several officers fabricated or discussed Use of Force reports were findings of fact entitled to deference; that misconduct by correctional officers in custody and in subsequent reporting/testimony created the requisite connection to the integrity of the prosecution under the residual abuse of process doctrine; and that no adequate alternative remedy would vindicate the integrity concerns.

Source excerpt

• Use of force
• Stay of proceedings
• Abuse of process
• Collusion and fabrication of evidence
• Charter s.7
• Charter s.12

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R. v. Mariani

Court

Supreme Court of British Columbia

The court declared Criminal Code ss. 745.01(2) and 745.6(1)(a.1) of no force or effect as applied to eligible first-degree murder offenders and sentenced Luciano Mariani to life imprisonment with parole ineligibility for 25 years.

• First-degree murder
• Parole ineligibility
• Faint hope clause
• Gross disproportionality
• Charter s.12
• Charter s.1

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Roberts v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court certified a proposed class action challenging CSC medical isolation conditions during COVID-19, finding systemic negligence and Charter claims could proceed.

• Negligence
• Charter s.7
• Charter s.12
• Medical isolation
• Solitary confinement
• Certification criteria

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R. v. Faroughi

Court

Court of Appeal for Ontario

The Court dismissed the conviction appeal (no misdirection as the charge, read as a whole, required subjective proof of belief and purpose; entrapment not made out because police conduct did not objectively induce the appellant), admitted fresh evidence, granted leave to appeal sentence, and on sentencing allowed appellate intervention because an intervening legislative change made conditional sentences available for the child luring count and the trial judge therefore failed to consider a relevant non‑custodial option; given the appellant's youth, lack of record, exceptional mitigation inclu…

Source excerpt

• Child luring
• Communication for sexual services
• Entrapment
• Jury charge/mens rea
• Mandatory minimum sentences
• Charter s.12

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Harm Reduction Nurses Association v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court granted an interim injunction staying the coming into force of the Act, finding serious s. 7 issues, irreparable harm, and balance of convenience in the plaintiff's favour.

• Interim injunction
• Charter s.7
• Charter s.12
• Charter s.15
• Ultra vires
• Decriminalization

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R. v. Bertrand Marchand

Court

Supreme Court of Canada

The Supreme Court of Canada held that mandatory minimum sentences for child luring in s. 172.1(2)(a) and (b) are unconstitutional under s. 12 of the Charter.

• Sentencing
• Mandatory minimum
• Child luring
• Charter s.12
• Cruel and unusual punishment
• Mandatory-minimum

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Wang v. The Owners, Strata Plan LMS 2970

Court

British Columbia Court of Appeal

The Court of Appeal held the appeal, limited to costs, required leave. Because no leave application was filed and the proposed appeal lacked merit, the appeal was quashed and the constitutional application dismissed.

• Judicial review
• Costs
• Leave to appeal
• Constitutional question act
• Charter s.12
• Judicial-review

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R. v. C.T.P.

Court

Supreme Court of British Columbia

Appeal from a 5.5-year sentence for sexual assault and luring was allowed in part. The B.C. Supreme Court reduced the global sentence to three years and struck the s. 271(b) minimum.

• Sexual assault
• Luring
• Mandatory minimum sentences
• Totality principle
• Sentencing principles (proportionality, parity, restraint)
• Mistake of age

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