Supreme Court of Canada Hearings

D.R. v. His Majesty the King (40039)

(PUBLICATION BAN)At trial, the appellant was acquitted of sexual interference, invitation to sexual touching and sexual assault respecting the complainant, a person under the age of 16 years. A majority of the Court of Appeal of Newfoundland and Labrador allowed the Crown’s appeal and ordered a new trial. It held that the trial judge engaged in impermissible stereotypical reasoning when assessing the complainant’s credibility by relying on the stereotypes that a victim could not be happy to see her abuser regardless of her age and circumstances, and that a victim will exhibit avoidant behaviour around her abuser if she were truly being abused. In dissent, White J.A. would have dismissed the appeal. In his view, the trial judge did not rely on any myth or stereotype about sexual assault when assessing the complainant’s credibility. Argued Date 2022-12-01 Keywords Criminal law - Evidence - Criminal law — Evidence — Credibility — Stereotypical reasoning — Whether the majority of the Court of Appeal erred in law in ruling that the trial judge relied upon impermissible stereotypes of victims of sexual abuse when he assessed the complainant’s credibility. Notes (Newfoundland & Labrador) (Criminal) (As of Right) (Publication ban in case) (Publication ban on party) 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).

Frederick Langford Sharp, et al. v. Autorité des marchés financiers, et al. (39920)

In 2017, the AMF brought an action before the FMAT alleging that the appellants participated in a transnational pump and dump scheme by improperly influencing or manipulating the price of a stock in contravention of the Quebec Securities Act, CQLR, c. V-1.1.According to the AMF, the appellants, who are residents of B.C., made financial transactions through offshore companies incorporated in several countries with bank accounts in Europe. AMF alleged that they acted in concert to acquire the shares of a Nevada company (Solo), give it a legitimate face and promote its business for the purpose of fraudulently increasing the value of its shares and then selling them for a profit, for distribution among themselves. Solo’s shares are traded on an over-the-counter market in New York. The AMF alleged that at all material times, Solo was under the direction of a Québec resident and was a reporting issuer in Québec with a business address in Montreal. It also alleged that the misleading press releases and promotional materials, a portion of which originated in Montreal, were accessible to Québec residents and that approximately fifteen investors in Québec lost a total of $5,000 as a result of the activities. AMF’s action sought to have the FMAT order the appellants to cease any activity in respect of a transaction in securities; prohibit them from acting as directors or officers of an issuer, dealer, adviser or investment fund manager for five years; and impose administrative penalties on them, all pursuant to ss. 265, 273.3, 195.2, 199.1(1) and 273.1 of the Securities Act.The appellants brought preliminary motions for declinatory exceptions arguing that the FMAT was without jurisdiction. The FMAT denied the appellants’ motions and confirmed its jurisdiction to hear the action. The Quebec Superior Court dismissed the application for judicial review, and the Quebec Court of Appeal dismissed the appeal. Argued Date 2023-01-18 Keywords Constitutional law - Private international law, Extraterritoriality, Legislation, Interpretation, Administrative law, Boards and tribunals, Jurisdiction - Constitutional law — Constitutional applicability — Private international law — Extraterritoriality — Jurisdiction of Québec Court — Legislation — Interpretation —Administrative law — Boards and Tribunals — Jurisdiction — Did the Court of Appeal err in deciding that the provisions of the C.C.Q. setting out the International Jurisdiction of Québec Authorities (articles 3134 to 3145) do not apply to administrative proceedings before the Financial Markets Administrative Tribunal (FMAT) — Did the Court of Appeal err in deciding that the FMAT can assert adjudicative jurisdiction over out-of-province defendants based on legislative or territorial jurisdiction — Did the Court of Appeal err in affirming the FMAT’s jurisdiction over the application by the Autorité des Marchés Financiers (AMF) against Sharp — Are the provisions of the C.C.Q. governing the International Jurisdiction of Québec Authorities applicable to administrative proceedings before a Québec tribunal in the context of disputes relating to the implementation of provincial laws concerning property and civil rights — If the provisions of the C.C.Q. are not applicable, must the Court’s jurisdiction be founded on the presence of specific and predetermined presumptive connecting factors relating to the alleged violations or is it sufficient for the Court to find some form of connection deemed sufficient between Québec and the overall context within which the violations took place — Is the test met in the circumstances of this case — Can article 3148 C.C.Q. be applied by analogy to ground the jurisdiction of Québec courts and tribunals in proceedings of a different nature than a personal action of patrimonial nature — Can article 3136 C.C.Q. apply to the present action in the absence of a request to this effect before the FMAT and in the absence of any evidence as to the impossibility that the Appellants’ alleged conduct be adjudicated elsewhere. Notes (Quebec) (Civil) (By Leave) 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).

Frederick Langford Sharp, et al. v. Autorité des marchés financiers, et al. (39920)

In 2017, the AMF brought an action before the FMAT alleging that the appellants participated in a transnational pump and dump scheme by improperly influencing or manipulating the price of a stock in contravention of the Quebec Securities Act, CQLR, c. V-1.1.According to the AMF, the appellants, who are residents of B.C., made financial transactions through offshore companies incorporated in several countries with bank accounts in Europe. AMF alleged that they acted in concert to acquire the shares of a Nevada company (Solo), give it a legitimate face and promote its business for the purpose of fraudulently increasing the value of its shares and then selling them for a profit, for distribution among themselves. Solo’s shares are traded on an over-the-counter market in New York. The AMF alleged that at all material times, Solo was under the direction of a Québec resident and was a reporting issuer in Québec with a business address in Montreal. It also alleged that the misleading press releases and promotional materials, a portion of which originated in Montreal, were accessible to Québec residents and that approximately fifteen investors in Québec lost a total of $5,000 as a result of the activities. AMF’s action sought to have the FMAT order the appellants to cease any activity in respect of a transaction in securities; prohibit them from acting as directors or officers of an issuer, dealer, adviser or investment fund manager for five years; and impose administrative penalties on them, all pursuant to ss. 265, 273.3, 195.2, 199.1(1) and 273.1 of the Securities Act.The appellants brought preliminary motions for declinatory exceptions arguing that the FMAT was without jurisdiction. The FMAT denied the appellants’ motions and confirmed its jurisdiction to hear the action. The Quebec Superior Court dismissed the application for judicial review, and the Quebec Court of Appeal dismissed the appeal. Argued Date 2023-01-18 Keywords Constitutional law - Private international law, Extraterritoriality, Legislation, Interpretation, Administrative law, Boards and tribunals, Jurisdiction - Constitutional law — Constitutional applicability — Private international law — Extraterritoriality — Jurisdiction of Québec Court — Legislation — Interpretation —Administrative law — Boards and Tribunals — Jurisdiction — Did the Court of Appeal err in deciding that the provisions of the C.C.Q. setting out the International Jurisdiction of Québec Authorities (articles 3134 to 3145) do not apply to administrative proceedings before the Financial Markets Administrative Tribunal (FMAT) — Did the Court of Appeal err in deciding that the FMAT can assert adjudicative jurisdiction over out-of-province defendants based on legislative or territorial jurisdiction — Did the Court of Appeal err in affirming the FMAT’s jurisdiction over the application by the Autorité des Marchés Financiers (AMF) against Sharp — Are the provisions of the C.C.Q. governing the International Jurisdiction of Québec Authorities applicable to administrative proceedings before a Québec tribunal in the context of disputes relating to the implementation of provincial laws concerning property and civil rights — If the provisions of the C.C.Q. are not applicable, must the Court’s jurisdiction be founded on the presence of specific and predetermined presumptive connecting factors relating to the alleged violations or is it sufficient for the Court to find some form of connection deemed sufficient between Québec and the overall context within which the violations took place — Is the test met in the circumstances of this case — Can article 3148 C.C.Q. be applied by analogy to ground the jurisdiction of Québec courts and tribunals in proceedings of a different nature than a personal action of patrimonial nature — Can article 3136 C.C.Q. apply to the present action in the absence of a request to this effect before the FMAT and in the absence of any evidence as to the impossibility that the Appellants’ alleged conduct be adjudicated elsewhere. Notes (Quebec) (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).

Andrei Bykovets v. His Majesty the King (40269)

In September 2017, the police commenced an investigation related to the purchase of virtual gift cards with fraudulent credit card information. The police was told that the fraudulent online transactions used two IP addresses. The police obtained warrants to search the two residences associated with the IP addresses. The appellant was arrested and charged with 33 offences relating to the possession and use of third parties’ credit cards and personal identification documents, and firearms. The appellant filed a notice alleging the breach of his rights under s. 8 of the Charter as well as other rights. The trial judge found that it was not objectively reasonable to recognize a subjective expectation of privacy in an IP address used by an individual. She concluded that there was no breach of s. 8. The appellant was eventually convicted of 13 of the original 33 counts, which he appealed. The majority of the Court of Appeal of Alberta dismissed the appeal. It found that the trial judge correctly interpreted the scope of the law that governed her s. 8 analysis. The majority concluded that she applied the correct interpretation to her factual findings, which reveal no palpable or overriding error. Veldhuis J.A., dissenting, would have allowed the appeal and ordered a new trial. She found that the appellant had a reasonable expectation of privacy in the IP addresses and that his s. 8 rights were violated. Argued Date 2023-01-17 Keywords Constitutional law - Canadian charter (Criminal), Search and seizure (s. 8) - Constitutional law — Charter of Rights — Search and seizure — Investigation related to purchase of virtual gift cards with fraudulent credit card information — Police obtaining internet protocol (“IP”) addresses to locate residences — Whether reasonable expectation of privacy attaches to IP address — Canadian Charter of Rights and Freedoms, s. 8. 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).

Andrei Bykovets v. His Majesty the King (40269)

In September 2017, the police commenced an investigation related to the purchase of virtual gift cards with fraudulent credit card information. The police was told that the fraudulent online transactions used two IP addresses. The police obtained warrants to search the two residences associated with the IP addresses. The appellant was arrested and charged with 33 offences relating to the possession and use of third parties’ credit cards and personal identification documents, and firearms. The appellant filed a notice alleging the breach of his rights under s. 8 of the Charter as well as other rights. The trial judge found that it was not objectively reasonable to recognize a subjective expectation of privacy in an IP address used by an individual. She concluded that there was no breach of s. 8. The appellant was eventually convicted of 13 of the original 33 counts, which he appealed. The majority of the Court of Appeal of Alberta dismissed the appeal. It found that the trial judge correctly interpreted the scope of the law that governed her s. 8 analysis. The majority concluded that she applied the correct interpretation to her factual findings, which reveal no palpable or overriding error. Veldhuis J.A., dissenting, would have allowed the appeal and ordered a new trial. She found that the appellant had a reasonable expectation of privacy in the IP addresses and that his s. 8 rights were violated. Argued Date 2023-01-17 Keywords Constitutional law - Canadian charter (Criminal), Search and seizure (s. 8) - Constitutional law — Charter of Rights — Search and seizure — Investigation related to purchase of virtual gift cards with fraudulent credit card information — Police obtaining internet protocol (“IP”) addresses to locate residences — Whether reasonable expectation of privacy attaches to IP address — Canadian Charter of Rights and Freedoms, s. 8. 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).

Antoine Ponce, et al. v. Société d’investissements Rhéaume ltée, et al. (39931)

The appellants, Mr. Ponce and Mr. Riopel, served as presidents of three companies grouped together under the name “Le Groupe Excellence” controlled by the respondent shareholders, Mr. Rhéaume and Mr. Beaulne. Rhéaume and Beaulne founded Excellence in the late 1970’s, but their working relationship ultimately broke down due to a revenue share dispute. A few years later, the appellants bought the respondents’ interests in Excellence. Rhéaume and Beaulne were unaware, however, that the appellants had been negotiating the sale of Excellence to a third party, Industrial Alliance. Shortly after acquiring the shares of Rhéaume and Beaulne, the appellants sold their interests in Excellence for a significant profit. The respondents allege that the sale of Excellence by the appellants stripped them of a business opportunity. They applied to the courts and claimed joint and several damages against the appellants. The Superior Court granted the respondents’ action in part. The court determined that the appellants used their roles to obtain information for their own benefit, and breached duties of good faith, integrity and loyalty owing to Rhéaume and Beaulne as shareholders. The Court of Appeal dismissed the appellants’ appeal. Although it found that the trial judge made an error in determining that the duty of loyalty was owed to the shareholders, as opposed to the corporation, this error was not determinative since the judge also relied on the obligation of good faith and the duty to inform to conclude that the appellants were at fault towards the respondents. Argued Date 2023-01-12 Keywords Civil liability - Commercial law - Civil liability — Duty to inform — Duty of good faith — Loss of chance — Commercial law — Corporations — Directors of corporation buying out controlling shareholders — Subsequent offers by third party to buy interests of directors of corporation — Interest of third party not made known to former controlling shareholders — Former controlling shareholders alleging improper appropriation of business opportunity by directors — Scope of duties owing to controlling shareholders — Given its distinction in Quebec civil law with the duty of loyalty, whether the duty to inform, deriving from the duty to act in good faith, places the responsibility on a prospective buyer to inform a prospective seller about the market for the sale — Whether the Court of Appeal of Quebec erred in upholding the award of disgorgement in the absence of a duty of loyalty — Whether the Court of Appeal of Quebec erred in awarding damages for a loss of chance to negotiate in the absence of a basis for disgorgement. Notes (Quebec) (Civil) (By Leave) 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).

Antoine Ponce, et al. v. Société d’investissements Rhéaume ltée, et al. (39931)

The appellants, Mr. Ponce and Mr. Riopel, served as presidents of three companies grouped together under the name “Le Groupe Excellence” controlled by the respondent shareholders, Mr. Rhéaume and Mr. Beaulne. Rhéaume and Beaulne founded Excellence in the late 1970’s, but their working relationship ultimately broke down due to a revenue share dispute. A few years later, the appellants bought the respondents’ interests in Excellence. Rhéaume and Beaulne were unaware, however, that the appellants had been negotiating the sale of Excellence to a third party, Industrial Alliance. Shortly after acquiring the shares of Rhéaume and Beaulne, the appellants sold their interests in Excellence for a significant profit. The respondents allege that the sale of Excellence by the appellants stripped them of a business opportunity. They applied to the courts and claimed joint and several damages against the appellants. The Superior Court granted the respondents’ action in part. The court determined that the appellants used their roles to obtain information for their own benefit, and breached duties of good faith, integrity and loyalty owing to Rhéaume and Beaulne as shareholders. The Court of Appeal dismissed the appellants’ appeal. Although it found that the trial judge made an error in determining that the duty of loyalty was owed to the shareholders, as opposed to the corporation, this error was not determinative since the judge also relied on the obligation of good faith and the duty to inform to conclude that the appellants were at fault towards the respondents. Argued Date 2023-01-12 Keywords Civil liability - Commercial law - Civil liability — Duty to inform — Duty of good faith — Loss of chance — Commercial law — Corporations — Directors of corporation buying out controlling shareholders — Subsequent offers by third party to buy interests of directors of corporation — Interest of third party not made known to former controlling shareholders — Former controlling shareholders alleging improper appropriation of business opportunity by directors — Scope of duties owing to controlling shareholders — Given its distinction in Quebec civil law with the duty of loyalty, whether the duty to inform, deriving from the duty to act in good faith, places the responsibility on a prospective buyer to inform a prospective seller about the market for the sale — Whether the Court of Appeal of Quebec erred in upholding the award of disgorgement in the absence of a duty of loyalty — Whether the Court of Appeal of Quebec erred in awarding damages for a loss of chance to negotiate in the absence of a basis for disgorgement. Notes (Quebec) (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).

Ahmed Abdullahi v. His Majesty the King (40049)

At trial before judge and jury, the appellant, Ahmed Abdullahi was convicted of various gun-related offences including one count of participation in the activities of a criminal organization for the purpose of trafficking weapons, contrary to s. 467.11 of the Criminal Code. The charges resulted from a police investigation dubbed “Project Traveller”.A majority of the Court of Appeal (per Brown J.A. with Trotter J.A. concurring) dismissed the three grounds the appellant raised pertaining to his conviction appeal. First, the majority rejected his argument that the trial judge erred in admitting the opinion evidence of the Somali-language translator regarding portions of intercepted communications. Second, the majority held that the trial judge did not err in failing to charge the jury adequately on the definition of “criminal organization” in s. 467.1(1) of the Criminal Code. The appellant had submitted on appeal that the charge did not provide guidance on the requisite degree of structure and continuity mentioned in R. v. Venneri, 2012 SCC 33, to constitute a criminal organization. On this point, the majority concluded that defence counsel’s lack of objection was indicative of the legal adequacy of the trial judge’s instructions on this definition given the evidence heard by the jury and the positions taken by the parties in closing submissions. Third, the majority held the trial judge did not err in charging the jury that they could consider certain after the fact conduct.In dissent, Paciocco J.A. only disagreed on one ground of the conviction appeal: he would have concluded that the trial judge erred by failing to adequately charge the jury on the “criminal organization” definition in s. 467.1(1) and would have therefore set aside the appellant’s conviction for the count setting out the offence at s. 467.11 of the Criminal Code of “participating in the activities of a criminal organization for the purpose of trafficking weapons” and ordered a new trial on that charge. Argued Date 2023-01-11 Keywords Criminal law - Charge to jury, Offences - Criminal law — Charge to jury — Offences — Definition — Participating in activities of criminal organization for purpose of trafficking weapons — What constitutes adequate jury instruction on definition of “criminal organization” under s. 467.1 (1) of Criminal Code, R.S.C. 1985, c. C-46, with respect to essential elements of structure and continuity? Notes (Ontario) (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).

Ahmed Abdullahi v. His Majesty the King (40049)

At trial before judge and jury, the appellant, Ahmed Abdullahi was convicted of various gun-related offences including one count of participation in the activities of a criminal organization for the purpose of trafficking weapons, contrary to s. 467.11 of the Criminal Code. The charges resulted from a police investigation dubbed “Project Traveller”.A majority of the Court of Appeal (per Brown J.A. with Trotter J.A. concurring) dismissed the three grounds the appellant raised pertaining to his conviction appeal. First, the majority rejected his argument that the trial judge erred in admitting the opinion evidence of the Somali-language translator regarding portions of intercepted communications. Second, the majority held that the trial judge did not err in failing to charge the jury adequately on the definition of “criminal organization” in s. 467.1(1) of the Criminal Code. The appellant had submitted on appeal that the charge did not provide guidance on the requisite degree of structure and continuity mentioned in R. v. Venneri, 2012 SCC 33, to constitute a criminal organization. On this point, the majority concluded that defence counsel’s lack of objection was indicative of the legal adequacy of the trial judge’s instructions on this definition given the evidence heard by the jury and the positions taken by the parties in closing submissions. Third, the majority held the trial judge did not err in charging the jury that they could consider certain after the fact conduct.In dissent, Paciocco J.A. only disagreed on one ground of the conviction appeal: he would have concluded that the trial judge erred by failing to adequately charge the jury on the “criminal organization” definition in s. 467.1(1) and would have therefore set aside the appellant’s conviction for the count setting out the offence at s. 467.11 of the Criminal Code of “participating in the activities of a criminal organization for the purpose of trafficking weapons” and ordered a new trial on that charge. Argued Date 2023-01-11 Keywords Criminal law - Charge to jury, Offences - Criminal law — Charge to jury — Offences — Definition — Participating in activities of criminal organization for purpose of trafficking weapons — What constitutes adequate jury instruction on definition of “criminal organization” under s. 467.1 (1) of Criminal Code, R.S.C. 1985, c. C-46, with respect to essential elements of structure and continuity? 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).

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) 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).