Canada Case Law

Law Society of British Columbia v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court held that the independence of the Bar is an unwritten constitutional principle but that principle does not constitutionally mandate a specific model of self-governance (majority-elected-lawyer boards). Bill 21, although a significant departure from historical self-regulation, does not in its provisions or cumulative effect improperly undermine lawyer independence, is intra vires provincial powers under ss.92(13) and (14), and does not violate the Charter sections alleged by the plaintiffs; therefore the actions challenging Bill 21 are dismissed.

Source excerpt

• Independence of the bar
• Ultra vires
• Self-regulation
• Regulatory amalgamation
• Indigenous reconciliation/undrip
• Search and seizure

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Commissioner of Competition v. Amazon.com Et. Al.

Court

Federal Court of Appeal

The appeal is dismissed because the Federal Court did not err: section 11 discretion must be exercised consistent with Charter s.8, the judge permissibly required adequate information about the scope of the Data Request before ordering production, the pre‑hearing letters were properly before the court as part of the disclosure record and were not accepted as incontrovertible fact, and Rule 399(1) does not relieve the issuing judge of the duty to be satisfied at the ex parte stage; here the Commissioner failed to justify the scope of the Data Request so the production order was properly refuse…

Source excerpt

• Production order
• Section 11 competition act
• Search and seizure
• Charter s.8
• Ex parte applications
• Full and frank disclosure

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R. v. Francis

Court

Nova Scotia Provincial Court

Section 490(9), read with s.490(5) and triggered by a s.489.1 report, is the appropriate statutory mechanism to determine disposition of seized property; judicial oversight continues until conclusion of any forfeiture proceeding; the Crown bears the onus to prove beyond a reasonable doubt that seized items were not lawfully possessed in order to obtain forfeiture; ordinary rules of evidence apply and Charter claims may be raised in the forfeiture hearing.

Source excerpt

• Forfeiture
• Search and seizure
• Judicial oversight of seized property
• Burden of proof
• Charter remedies

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British Columbia (Director of Civil Forfeiture) v. Norgan

Court

Supreme Court of British Columbia

La Cour a interdit la découverte sur la question de la qualité pour agir de M. Norgan en contexte de confiscation civile, en appliquant Jones à la phase Charte.

• Standing to raise charter challenges
• Examination for discovery
• Severance of issues
• Search and seizure
• Exclusion of evidence
• Compounding charter breaches

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R. v. Sutherland

Court

Court of Appeal for Ontario

The Ontario Court of Appeal upheld Shamaul Sutherland’s convictions and six-year sentence for cocaine and fentanyl trafficking, rejecting Charter and sentencing arguments.

• Search and seizure
• Arbitrary detention
• Right to counsel (s.10(b))
• Exclusion of evidence (s.24(2))
• Trafficking sentencing
• Search-and-seizure

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British Columbia (Director of Civil Forfeiture) v. Miller

Court

Supreme Court of British Columbia

The court dismissed Mr. Miller’s constitutional challenge and granted an unexplained wealth order under the Civil Forfeiture Act.

• Unexplained wealth order
• Search and seizure
• Reasonable expectation of privacy
• Reasonable grounds to suspect
• In rem proceedings
• Interlocutory relief

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Canadian Security Intelligence Services v. Canada (Justice)

Court

Federal Court

Federal Court decision on a CSIS supplemental warrant application concerning IP addresses, privacy under s. 8, passive receipt, and the scope of s. 12 of the CSIS Act.

• Reasonable expectation of privacy
• Ip addresses
• Section 12 csis act
• Section 21 csis act
• Bykovets (r v bykovets)
• Interagency information sharing

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R. v. Mohamed

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld convictions and an 18-year parole ineligibility period in a double-shooting case, rejecting Charter, credibility, provocation, bias and sentence claims.

• Search and seizure
• Charter s.8 and s.24(2)
• Provocation
• Mistrial
• Sentencing
• Evidence admissibility

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R. v. Cluett

Court

Supreme Court of British Columbia

The Court dismissed a Charter voir dire in a border-search case, finding no unconstitutional detention and no breaches of ss. 8, 9 or 10.

• Search and seizure
• Detention
• Right to counsel (s.10)
• Strip-search (s.98 customs act)
• Customs act powers (s.99)
• Reasonable suspicion vs routine screening

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R. v. Dalia

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Michael Dalia’s appeal, upholding the warrant, refusing relitigation of the cross-examination issue, and admitting the evidence despite a s. 10(b) delay.

• Search and seizure
• Judicial recusal
• Leave to cross-examine affiant
• Right to counsel (s.10(b))
• Exclusion of evidence (s.24(2))
• Warrant sufficiency (s.8)

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