Except the early to mid-80’s when the Constitution of Rights and Freedoms got here into impact and was once interpreted by means of the Courts, the previous 5 years have hosted unequaled trade and paradigmatic shifts in Canada’s prison legislation, historical past and information; 2014 isn’t any exception.
Our yr ends whilst peaking at this development with drastic adjustments in prison justice regulation, arguable Best Courtroom of Canada judicial appointments (and a a hit problem), factually remarkable high-profile crimes and investigations, palpable rigidity (if now not disdain) of our courts from Parliament, and sweeping legislative adjustments affecting us in tactics that may most effective develop into obvious when police forces come to combine new powers and investigative ways.
From a defence attorney’s standpoint, it’s been a constant assault on civil liberties of Canadian voters, the rights of accused, the presumption of innocence, and recognize for the Courtroom device. It’s all too ironic that on the finish of the yr, Canada’s champion of civil liberties and defender of due procedure, Eddie Greenspan, passed on to the great beyond peacefully in his sleep whilst the turmoil of Canada’s legislation spins in a route we’re unfamiliar with as a rustic.
To get a small sense of those adjustments, we’ve got compiled an inventory of the highest 10 maximum vital circumstances in prison legislation in Canada. It was once a judicial yr obsessive about privateness, virtual proof, and get entry to to knowledge. Should you’re like me, you’re impatient andneed to understand issues now.
So, here’s the listing (with explanations and observation at the following pages numbered beneath):
|#10||R. v. Steele, 2014 SCC 61||Long run and perilous culprit legislation – that means of “critical private harm offence” – statutory interpretation|
|#9||R. v. MacDonald, 2014 SCC 3||Seek and seizure – Constitution of Rights – Police not unusual legislation powers of seek – ownership of a firearm – mens rea|
|#8||R. v. Taylor, 2014 SCC 50;||Proper to recommend – Responsibility of police to facilitate recommend – scene of the coincidence – exclusion of proof – Constitution of Rights of Freedoms|
|#7||R. v. Quesnelle, 2014 SCC 46||Disclosure of police occurrences – definition of “document” underneath s.278 of CCC – responsibilities of Crown|
|#6||R. v. Hutchinson. 2014 SCC 19||Sexual attack based totally upon fraud – crucial nature of the act – consent – vitiation of consent – definition of physically hurt|
|#5||R. v. Sekhon, 2014 SCC 15||Skilled proof – Correct scope and use of experience at trial – “final factor” testimony|
|#4||R. v. Summers, 2014 SCC 26||Pre-trial custody – Fact in Sentencing Act – enhanced credit score – Constitution of Rights and Freedoms|
|#3||R. v. Hart, 2014 SCC 52||Confessions – Mr. Large methodology – proof and admissibility – Constitution of Rights and Freedoms – voluntariness|
|#2||R. v. Spencer, 2014 SCC 43||Constitution of Rights and Freedoms – Seek and Seizure – Seek Warrants – kid pornography – police acquiring subscriber knowledge by way of IP addresses|
|#1||R. v. Fearon, 2014 SCC 77||Seek and seizure – police powers to look incident to arrest – mobile phone searches – privateness rights – Constitution of Rights and Freedoms|