Supreme Court of Canada Hearings

Dia ‘Eddin Hanan v. His Majesty the King (40097)

On December 24, 2015, the appellant was charged with crimes relating to the shooting of two individuals. The appellant’s jury trial for second degree murder, attempted murder and assorted firearm charges was scheduled to commence on November 5, 2018. However, it was adjourned to October 28, 2019. The appellant applied for a stay of proceedings for violation of his right to be tried within a reasonable time under s. 11(b) of the Charter. The trial judge dismissed his application holding that, although the net delay exceeded the ceiling of 30 months under Jordan, it was justified because this was a transitional case where the transitional exceptional circumstance applied. The appellant was acquitted of second degree murder and convicted of manslaughter in connection with the victim who died. He was acquitted of attempted murder but convicted of discharging a firearm with intent to wound in connection with the second victim and of possession of a restricted firearm without a license. The appellant appealed the convictions and alleged that the trial judge erred in dismissing the s. 11(b) application and in his instructions to the jury on how they should approach the evidence in this case. The majority of the Court of Appeal for Ontario dismissed the appeal. It found that the delay was justified by the transitional exceptional circumstance and that the trial judge’s assessment of the entire delay under the Morin framework was required as part of the transitional exceptional circumstance analysis. Further, the majority concluded that the impugned passages of the jury charge did not reveal error. Nordheimer J.A., dissenting, would have allowed the appeal, set aside the convictions, and ordered a stay of proceedings. He found that the trial judge erred on his reliance of the transitional exceptional circumstance to excuse the delay and that the Crown had ample time to adapt to the Jordan framework. Moreover, he found that there was a serious error in the trial judge’s instructions to the jury. Argued Date 2023-04-17 Keywords Canadian charter (Criminal) - Criminal law, Right to be tried within a reasonable time (s. 11(b)), Charge to jury - Charter of Rights — Criminal law — Trial delay — Right to be tried within a reasonable time — Transitional exceptional circumstance — Charge to jury — Whether the trial judge erred by concluding that the transitional exceptional circumstance justified the presumptively unreasonable delay in the appellant’s trial — Whether the trial judge misdirected the jury with respect to the presumption of innocence and burden of proof — Canadian Charter of Rights and Freedoms, s. 11(b). Notes (Ontario) (Criminal) (As of Right) 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).

Attorney General of Canada v. Attorney General of Alberta (Day 2/2) (40195)

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:1. Is Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28, unconstitutional in whole or in part, as being beyond the legislative authority of the Parliament of Canada under the Constitution of Canada?2. Is the Physical Activities Regulations, SOR/2019 285, unconstitutional in whole or in part by virtue of purporting to apply to certain activities listed in Schedule 2 thereof that relate to matters entirely within the legislative authority of the Provinces under the Constitution of Canada?The majority of the Court of Appeal of Alberta was of the opinion that the IAA is ultra vires Parliament, and that the IAA and Regulations are unconstitutional. Greckol J.A., dissenting, was of the opinion that the IAA and Regulations are a valid exercise of Parliament’s authority to legislate on the matter of the environment. Argued Date 2023-03-22 Keywords Constitutional law - Division of powers, Environmental law - Constitutional law — Division of powers — Environment — Whether Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28 (“IAA”), is intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Physical Activities Regulations, SOR/2019 285 (“Regulations”), are intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Court of Appeal of Alberta erred in its characterization of the pith and substance of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its classification of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its application of the doctrine of interjurisdictional immunity to disapply the IAA and Regulations. Notes (Alberta) (Civil) (As of Right) 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).

Attorney General of Canada v. Attorney General of Alberta (Day 1/2) (40195)

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:1. Is Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28, unconstitutional in whole or in part, as being beyond the legislative authority of the Parliament of Canada under the Constitution of Canada?2. Is the Physical Activities Regulations, SOR/2019 285, unconstitutional in whole or in part by virtue of purporting to apply to certain activities listed in Schedule 2 thereof that relate to matters entirely within the legislative authority of the Provinces under the Constitution of Canada?The majority of the Court of Appeal of Alberta was of the opinion that the IAA is ultra vires Parliament, and that the IAA and Regulations are unconstitutional. Greckol J.A., dissenting, was of the opinion that the IAA and Regulations are a valid exercise of Parliament’s authority to legislate on the matter of the environment. Argued Date 2023-03-21 Keywords Constitutional law - Division of powers, Environmental law - Constitutional law — Division of powers — Environment — Whether Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28 (“IAA”), is intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Physical Activities Regulations, SOR/2019 285 (“Regulations”), are intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Court of Appeal of Alberta erred in its characterization of the pith and substance of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its classification of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its application of the doctrine of interjurisdictional immunity to disapply the IAA and Regulations. Notes (Alberta) (Civil) (As of Right) 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. S.S. (40147)

(PUBLICATION BAN)The respondent was convicted of sexual assault and sexual interference, two offences perpetrated on the complainant when she was between six and eight years old. The convictions were based on the complainant’s unsworn, videotaped police statement, which the trial judge admitted into evidence by application of the principled exception to the hearsay rule, based on the requirements of necessity and threshold reliability. A majority of the Court of Appeal allowed the respondent’s appeal, set aside the conviction and entered an acquittal, concluding that the trial judge erred in law by admitting the out-of-court statement into evidence. MacPherson J.A., dissenting, would have dismissed the appeal from conviction. Argued Date 2023-01-10 Keywords Criminal law - Evidence, Admissibility, Hearsay - Criminal law – Evidence – Admissibility – Hearsay – Videotaped out-of-court statement given by complainant – Whether the majority of the Court of Appeal erred in law in finding that the trial judge erred in admitting the complainant’s out-of-court statement by (i) finding that the statement met the requirements of threshold reliability; and (ii) finding that the complainant had no motive to fabricate the allegations. Notes (Ontario) (Criminal) (As of Right) (Publication ban in case) 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).

Attorney General of Canada v. Attorney General of Alberta (Day 2/2) (40195)

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:1. Is Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28, unconstitutional in whole or in part, as being beyond the legislative authority of the Parliament of Canada under the Constitution of Canada?2. Is the Physical Activities Regulations, SOR/2019 285, unconstitutional in whole or in part by virtue of purporting to apply to certain activities listed in Schedule 2 thereof that relate to matters entirely within the legislative authority of the Provinces under the Constitution of Canada?The majority of the Court of Appeal of Alberta was of the opinion that the IAA is ultra vires Parliament, and that the IAA and Regulations are unconstitutional. Greckol J.A., dissenting, was of the opinion that the IAA and Regulations are a valid exercise of Parliament’s authority to legislate on the matter of the environment. Argued Date 2023-03-22 Keywords Constitutional law - Division of powers, Environmental law - Constitutional law — Division of powers — Environment — Whether Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28 (“IAA”), is intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Physical Activities Regulations, SOR/2019 285 (“Regulations”), are intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Court of Appeal of Alberta erred in its characterization of the pith and substance of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its classification of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its application of the doctrine of interjurisdictional immunity to disapply the IAA and Regulations. Notes (Alberta) (Civil) (As of Right) 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).

Attorney General of Canada v. Attorney General of Alberta (Day 1/2) (40195)

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:1. Is Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28, unconstitutional in whole or in part, as being beyond the legislative authority of the Parliament of Canada under the Constitution of Canada?2. Is the Physical Activities Regulations, SOR/2019 285, unconstitutional in whole or in part by virtue of purporting to apply to certain activities listed in Schedule 2 thereof that relate to matters entirely within the legislative authority of the Provinces under the Constitution of Canada?The majority of the Court of Appeal of Alberta was of the opinion that the IAA is ultra vires Parliament, and that the IAA and Regulations are unconstitutional. Greckol J.A., dissenting, was of the opinion that the IAA and Regulations are a valid exercise of Parliament’s authority to legislate on the matter of the environment. Argued Date 2023-03-21 Keywords Constitutional law - Division of powers, Environmental law - Constitutional law — Division of powers — Environment — Whether Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28 (“IAA”), is intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Physical Activities Regulations, SOR/2019 285 (“Regulations”), are intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Court of Appeal of Alberta erred in its characterization of the pith and substance of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its classification of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its application of the doctrine of interjurisdictional immunity to disapply the IAA and Regulations. Notes (Alberta) (Civil) (As of Right) 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).

Attorney General of Quebec, et al. v. H. V. (40093)

(PUBLICATION BAN IN CASE)The respondent, H.V., pleaded guilty to a child luring offence committed between July 31 and August 9, 2017, which was prosecuted summarily. During sentencing, the respondent argued that the 6-month mandatory minimum sentence provided for in s. 172.1(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46, was unconstitutional under s. 12 of the Canadian Charter of Rights and Freedoms. In his view, a sentence of imprisonment would be unjustified. The prosecution sought a term of imprisonment of between 9 and 12 months along with probation.The Court of Québec declared that the 6-month mandatory minimum sentence was of no force or effect in relation to the accused, suspended the passing of sentence and imposed 2 years of probation with an obligation to perform 150 hours of community service.The Superior Court allowed the appeal and affirmed that the mandatory minimum sentence of 6 months’ imprisonment provided for in s. 172.1(2)(b) Cr. C. was of no force or effect in relation to the accused under s. 12 of the Charter and was not saved by s. 1; it declared the mandatory minimum sentence to be invalid and of no force or effect and set aside the sentence imposed at trial. It sentenced the accused to 90 days’ imprisonment to be served intermittently and 3 years of probation, including 150 hours of community service. It maintained the other terms and conditions imposed and orders made at trial.The Court of Appeal dismissed the prosecution’s appeal, upholding the 90-day sentence of imprisonment and the declaration that the minimum sentence of 6 months’ imprisonment provided for in s. 172.1(2)(b) Cr. C. was invalid. It held that the Superior Court had not imposed a demonstrably unfit sentence that did not reflect the objective and subjective seriousness of the crime committed and that the Superior Court had not erred in law in finding s. 172.1(2)(b) to be constitutionally invalid. Argued Date 2023-02-16 Keywords Canadian charter (Criminal) - Criminal law, Sentencing - Charter of Rights — Criminal law — Sentencing — Mandatory minimum sentence — Child luring — Whether s. 172.1(2)(b) of Criminal Code infringes s. 12 of Charter — If so, whether it constitutes reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Charter — Criminal Code, R.S.C. 1985, c. C-46, s. 172.1(2)(b) — Canadian Charter of Rights and Freedoms, s. 12. Notes (Quebec) (Criminal) (By Leave) (Publication ban in case) 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 Kahsai v. His Majesty the King (40044)

At trial, the appellant was convicted by a jury of two counts of first degree murder. The appellant had refused to retain counsel subsequent to the preliminary inquiry and was adamant that he wanted to represent himself. Two separate amicus curiae were appointed to assist the court at different times; however, he refused to co-operate with either. The appellant appealed the convictions and alleged that the perceived fairness of the proceedings had been tainted due to the trial judge’s failure to appoint a partisan amicus curiae at an early stage of proceedings, with instructions to take on the key responsibilities of defence counsel. A majority of the Court of Appeal of Alberta found that there was no trial unfairness arising from the role of the amicus curiae in this case, and dismissed the appeal. It held that the appellant made the full answer and defence he wanted to. In dissent, O’Ferrall J.A. found that there was a miscarriage of justice. He would have allowed the appeal and ordered a new trial at which the appellant would be represented by defence counsel or an amicus curiae conferred with sufficient authority to advocate on his behalf, independent of the appellant’s wishes. Argued Date 2023-03-14 Keywords Criminal law - Trial - Criminal law — Trial — Appointment of amicus curiae — Role of amicus curiae — Self-represented accused — Trial fairness — Did the trial judge’s failure to appoint amicus curiae with a sufficient adversarial mandate result in a miscarriage of justice. Notes (Alberta) (Criminal) (As of Right) 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. Olivier Chatillon (40331)

(PUBLICATION BAN)After a trial in the Court of Québec, the respondent, Olivier Chatillon, was convicted of one count of sexual assault of a child. The trial judge held that the prosecution’s case could be based on the admissions made to the professionals who had assessed him, although he had met with them during an entirely voluntary therapeutic process to receive treatment for problems associated with substance abuse and sexual deviance. The Court of Appeal, for the reasons given by Vauclair J.A. and concurred in by Healy J.A., granted the motion for leave to appeal, allowed the appeal and acquitted the respondent. It declared that the admissions were inadmissible in evidence based on its analysis of the Wigmore criteria for privilege. Mainville J.A., dissenting, would have dismissed the respondent’s appeal on the ground that the admissions were admissible because they were not privileged. By consenting to the disclosure of his admissions, the respondent had expressly waived their confidentiality. Argued Date 2023-03-15 Keywords Criminal law - Evidence, Admissibility - Criminal law — Evidence — Admissibility — Admissions — Wigmore test — Whether majority of Quebec Court of Appeal erred in law in finding respondent’s admissions inadmissible on ground that they were privileged under Wigmore test. Notes (Quebec) (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 Kahsai v. His Majesty The King (40044)

At trial, the appellant was convicted by a jury of two counts of first degree murder. The appellant had refused to retain counsel subsequent to the preliminary inquiry and was adamant that he wanted to represent himself. Two separate amicus curiae were appointed to assist the court at different times; however, he refused to co-operate with either. The appellant appealed the convictions and alleged that the perceived fairness of the proceedings had been tainted due to the trial judge’s failure to appoint a partisan amicus curiae at an early stage of proceedings, with instructions to take on the key responsibilities of defence counsel. A majority of the Court of Appeal of Alberta found that there was no trial unfairness arising from the role of the amicus curiae in this case, and dismissed the appeal. It held that the appellant made the full answer and defence he wanted to. In dissent, O’Ferrall J.A. found that there was a miscarriage of justice. He would have allowed the appeal and ordered a new trial at which the appellant would be represented by defence counsel or an amicus curiae conferred with sufficient authority to advocate on his behalf, independent of the appellant’s wishes. Argued Date 2023-03-14 Keywords Criminal law - Trial - Criminal law — Trial — Appointment of amicus curiae — Role of amicus curiae — Self-represented accused — Trial fairness — Did the trial judge’s failure to appoint amicus curiae with a sufficient adversarial mandate result in a miscarriage of justice. Notes (Alberta) (Criminal) (As of Right) 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).