Supreme Court of Canada Hearings

John Howard Society of Saskatchewan v. Government of Saskatchewan (Attorney General for Saskatchewan) (Day 2/2) (40608)

When an inmate is charged with a disciplinary offence in a Saskatchewan provincial correctional centre or remand centre, s. 68 of The Correctional Services Regulations requires the institutional authorities to determine, on a balance of probabilities, that the inmate committed that offence in order to find them responsible. Some of the penalties imposed may deprive inmates of their liberty as that term is used in s. 7 of the Charter. The John Howard Society of Saskatchewan sought an order declaring that s. 68 of the Regulations is contrary to s. 7 of the Charter as it does not require proof beyond a reasonable doubt. The Court of Queen’s Bench of Saskatchewan dismissed the application, holding that s. 68 of the Regulations does not violate s. 7 of the Charter. The Court of Appeal dismissed the appeal. Argued Date 2024-10-09 Keywords Charter of Rights — Right to liberty — Fundamental justice — Inmate discipline hearings — Whether the Court of Appeal erred in law in concluding that provincial legislation mandating that inmate discipline hearings operate on a balance of probabilities complies with s. 7 of the Charter — Whether and to what extent the presumption of innocence operates as a principle of fundamental justice in non-criminal settings — The Correctional Services Regulations, 2013, R.R.S. c. C-39.2 Reg 1, s. 68. Notes (Saskatchewan) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

John Howard Society of Saskatchewan v. Government of Saskatchewan (Attorney General for Saskatchewan) (Day 2/2) (40608)

When an inmate is charged with a disciplinary offence in a Saskatchewan provincial correctional centre or remand centre, s. 68 of The Correctional Services Regulations requires the institutional authorities to determine, on a balance of probabilities, that the inmate committed that offence in order to find them responsible. Some of the penalties imposed may deprive inmates of their liberty as that term is used in s. 7 of the Charter. The John Howard Society of Saskatchewan sought an order declaring that s. 68 of the Regulations is contrary to s. 7 of the Charter as it does not require proof beyond a reasonable doubt. The Court of Queen’s Bench of Saskatchewan dismissed the application, holding that s. 68 of the Regulations does not violate s. 7 of the Charter. The Court of Appeal dismissed the appeal. Argued Date 2024-10-09 Keywords Charter of Rights — Right to liberty — Fundamental justice — Inmate discipline hearings — Whether the Court of Appeal erred in law in concluding that provincial legislation mandating that inmate discipline hearings operate on a balance of probabilities complies with s. 7 of the Charter — Whether and to what extent the presumption of innocence operates as a principle of fundamental justice in non-criminal settings — The Correctional Services Regulations, 2013, R.R.S. c. C-39.2 Reg 1, s. 68. Notes (Saskatchewan) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

John Howard Society of Saskatchewan v. Government of Saskatchewan (Attorney General for Saskatchewan) (40608)

When an inmate is charged with a disciplinary offence in a Saskatchewan provincial correctional centre or remand centre, s. 68 of The Correctional Services Regulations requires the institutional authorities to determine, on a balance of probabilities, that the inmate committed that offence in order to find them responsible. Some of the penalties imposed may deprive inmates of their liberty as that term is used in s. 7 of the Charter. The John Howard Society of Saskatchewan sought an order declaring that s. 68 of the Regulations is contrary to s. 7 of the Charter as it does not require proof beyond a reasonable doubt. The Court of Queen’s Bench of Saskatchewan dismissed the application, holding that s. 68 of the Regulations does not violate s. 7 of the Charter. The Court of Appeal dismissed the appeal. Argued Date 2024-10-08 Keywords Charter of Rights — Right to liberty — Fundamental justice — Inmate discipline hearings — Whether the Court of Appeal erred in law in concluding that provincial legislation mandating that inmate discipline hearings operate on a balance of probabilities complies with s. 7 of the Charter — Whether and to what extent the presumption of innocence operates as a principle of fundamental justice in non-criminal settings — The Correctional Services Regulations, 2013, R.R.S. c. C-39.2 Reg 1, s. 68. Notes (Saskatchewan) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

John Howard Society of Saskatchewan v. Government of Saskatchewan (Attorney General for Saskatchewan) (40608)

When an inmate is charged with a disciplinary offence in a Saskatchewan provincial correctional centre or remand centre, s. 68 of The Correctional Services Regulations requires the institutional authorities to determine, on a balance of probabilities, that the inmate committed that offence in order to find them responsible. Some of the penalties imposed may deprive inmates of their liberty as that term is used in s. 7 of the Charter. The John Howard Society of Saskatchewan sought an order declaring that s. 68 of the Regulations is contrary to s. 7 of the Charter as it does not require proof beyond a reasonable doubt. The Court of Queen’s Bench of Saskatchewan dismissed the application, holding that s. 68 of the Regulations does not violate s. 7 of the Charter. The Court of Appeal dismissed the appeal. Argued Date 2024-10-08 Keywords Charter of Rights — Right to liberty — Fundamental justice — Inmate discipline hearings — Whether the Court of Appeal erred in law in concluding that provincial legislation mandating that inmate discipline hearings operate on a balance of probabilities complies with s. 7 of the Charter — Whether and to what extent the presumption of innocence operates as a principle of fundamental justice in non-criminal settings — The Correctional Services Regulations, 2013, R.R.S. c. C-39.2 Reg 1, s. 68. Notes (Saskatchewan) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Shea Flemmings, et al. v. His Majesty the King (41002)

(PUBLICATION BAN IN CASE)Mr. Agpoon was charged in December 2018 with offences relating to human trafficking in minors, possession of fentanyl, and a firearms offence. Mr. Flemmings was added to the Indictment in December 2019 on counts related to human trafficking and possession of fentanyl. The case came before the Ontario Court of Justice before the COVID-19 pandemic closed all Ontario courts on March 17, 2020 and thereafter led to varying province-wide and regional closures, capacity restrictions and operational limitations. The Crown preferred a direct indictment on May 19, 2021. Mr. Agpoon and Mr. Flemmings applied to stay proceedings on the basis of delay. The Ontario Superior Court of Justice granted the application and stayed all charges. The Court of Appeal granted an appeal and set aside the stay of proceedings. Argued Date 2024-05-22 Keywords Charter of Rights — Right to be tried within a reasonable time — Criminal law — What test should trial judges apply under s. 11(b) of the Canadian Charter of Rights and Freedoms when deciding whether delay caused by the COVID-19 pandemic is reasonable? Notes (Ontario) (Criminal) (By Leave) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Shea Flemmings, et al. v. His Majesty the King (41002)

(PUBLICATION BAN IN CASE)Mr. Agpoon was charged in December 2018 with offences relating to human trafficking in minors, possession of fentanyl, and a firearms offence. Mr. Flemmings was added to the Indictment in December 2019 on counts related to human trafficking and possession of fentanyl. The case came before the Ontario Court of Justice before the COVID-19 pandemic closed all Ontario courts on March 17, 2020 and thereafter led to varying province-wide and regional closures, capacity restrictions and operational limitations. The Crown preferred a direct indictment on May 19, 2021. Mr. Agpoon and Mr. Flemmings applied to stay proceedings on the basis of delay. The Ontario Superior Court of Justice granted the application and stayed all charges. The Court of Appeal granted an appeal and set aside the stay of proceedings. Argued Date 2024-05-22 Keywords Charter of Rights — Right to be tried within a reasonable time — Criminal law — What test should trial judges apply under s. 11(b) of the Canadian Charter of Rights and Freedoms when deciding whether delay caused by the COVID-19 pandemic is reasonable? Notes (Ontario) (Criminal) (By Leave) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Emanuel Lozada v. His Majesty the King (40701)

(Publication ban in case)The appellant, Emanuel Lozada, along with other individuals, participated in two fights, the second of which resulted in the fatal stabbing of the victim. At the appellant’s trial for manslaughter, the Crown argued that the appellant was liable for manslaughter either as a co-principal with the man alleged to have stabbed the victim, or as an aider and abettor of the stabber. The jury found the appellant guilty. The appellant appealed the manslaughter conviction. He alleged, among other grounds of appeal, that the trial judge erred in his instructions to the jury on the law of causation with respect to co-principal liability. The majority of the Court of Appeal for Ontario dismissed the appeal. It concluded that read as a whole, the jury instructions accurately put the law of causation as it applied to the appellant. Paciocco J.A., dissenting, would have allowed the appeal, set aside the conviction and ordered a new trial. He found that the trial judge twice misdirected jurors by understating the standard of “reasonable foreseeability” they could use in determining whether the appellant’s unlawful act amounted to a “significant contributing cause” of the victim’s death. Argued Date 2024-02-13 Keywords Criminal law — Charge to jury — Co-principal liability — Law of causation — Whether the trial judge erred by misdirecting the jury with respect to the “causation” element of unlawful act manslaughter — Whether the doctrine of “intervening act” applies in the context of a group assault — Criminal Code, s. 21(1)(a) Notes (Ontario) (Criminal) (As of Right) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Emanuel Lozada v. His Majesty the King (40701)

(Publication ban in case)The appellant, Emanuel Lozada, along with other individuals, participated in two fights, the second of which resulted in the fatal stabbing of the victim. At the appellant’s trial for manslaughter, the Crown argued that the appellant was liable for manslaughter either as a co-principal with the man alleged to have stabbed the victim, or as an aider and abettor of the stabber. The jury found the appellant guilty. The appellant appealed the manslaughter conviction. He alleged, among other grounds of appeal, that the trial judge erred in his instructions to the jury on the law of causation with respect to co-principal liability. The majority of the Court of Appeal for Ontario dismissed the appeal. It concluded that read as a whole, the jury instructions accurately put the law of causation as it applied to the appellant. Paciocco J.A., dissenting, would have allowed the appeal, set aside the conviction and ordered a new trial. He found that the trial judge twice misdirected jurors by understating the standard of “reasonable foreseeability” they could use in determining whether the appellant’s unlawful act amounted to a “significant contributing cause” of the victim’s death. Argued Date 2024-02-13 Keywords Criminal law — Charge to jury — Co-principal liability — Law of causation — Whether the trial judge erred by misdirecting the jury with respect to the “causation” element of unlawful act manslaughter — Whether the doctrine of “intervening act” applies in the context of a group assault — Criminal Code, s. 21(1)(a) Notes (Ontario) (Criminal) (As of Right) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King v. Agénor Archambault, et al. (40428)

(Publication ban in case)In July 2019, in two separate cases, the respondents appeared in the Court of Québec to answer charges for indictable offences that were punishable by a maximum of 14 years of imprisonment, but that had been punishable by a maximum of 10 years of imprisonment at the time they were allegedly committed. The respondents were thus entitled to a preliminary inquiry. On September 19, 2019, s. 535 of the Criminal Code, R.S.C. 1985, c. C-46 (“Cr. C.”), was amended and the right to a preliminary inquiry was abolished for an accused charged with an indictable offence punishable by less than 14 years of imprisonment. The respondents both requested a preliminary inquiry after September 19, 2019. Both requests were denied by the Court of Québec on the basis that it lacked jurisdiction followed the amendment to s. 535 Cr. C. The Quebec Superior Court denied judicial review in each case. The Quebec Court of Appeal determined that the amendment to s. 535 Cr. C. applies prospectively; it allowed both appeals and referred each case back to the Court of Québec for a preliminary inquiry. Argued Date 2024-02-14 Keywords Criminal law — Preliminary inquiry — Legislation — Prospective application of legislative amendments to preliminary inquiry rules — Interpretation — Whether Quebec Court of Appeal erred in law in finding that right to preliminary inquiry depends on law in force at time of commission of offence with which accused is charged — Whether accused charged with indictable offence has right to preliminary inquiry even if not personally liable to 14 years or more of imprisonment — Criminal Code, R.S.C. 1985, c. C-46, s. 535. Notes (Quebec) (Criminal) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King v. Agénor Archambault, et al. (40428)

(Publication ban in case)In July 2019, in two separate cases, the respondents appeared in the Court of Québec to answer charges for indictable offences that were punishable by a maximum of 14 years of imprisonment, but that had been punishable by a maximum of 10 years of imprisonment at the time they were allegedly committed. The respondents were thus entitled to a preliminary inquiry. On September 19, 2019, s. 535 of the Criminal Code, R.S.C. 1985, c. C-46 (“Cr. C.”), was amended and the right to a preliminary inquiry was abolished for an accused charged with an indictable offence punishable by less than 14 years of imprisonment. The respondents both requested a preliminary inquiry after September 19, 2019. Both requests were denied by the Court of Québec on the basis that it lacked jurisdiction followed the amendment to s. 535 Cr. C. The Quebec Superior Court denied judicial review in each case. The Quebec Court of Appeal determined that the amendment to s. 535 Cr. C. applies prospectively; it allowed both appeals and referred each case back to the Court of Québec for a preliminary inquiry. Argued Date 2024-02-14 Keywords Criminal law — Preliminary inquiry — Legislation — Prospective application of legislative amendments to preliminary inquiry rules — Interpretation — Whether Quebec Court of Appeal erred in law in finding that right to preliminary inquiry depends on law in force at time of commission of offence with which accused is charged — Whether accused charged with indictable offence has right to preliminary inquiry even if not personally liable to 14 years or more of imprisonment — Criminal Code, R.S.C. 1985, c. C-46, s. 535. Notes (Quebec) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).