Supreme Court of Canada Hearings

Attorney General of Quebec v. Bijou Cibuabua Kanyinda (Day 2/2) (41210)

The respondent Ms. Cibuabua Kanyinda entered Quebec on or about October 9, 2018, via Roxham Road following a stay in the United States. Originally from the Democratic Republic of Congo, Ms. Cibuabua Kanyinda made a claim for refugee protection under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, when she arrived. She has three children, who accompanied her and were very young at the time the application was filed. During the waiting period for the processing of her claim for refugee status, which was lengthy, she obtained a work permit allowing her to work in Quebec, and she approached three childcare facilities to find subsidized spaces for the children. However, she was denied access to subsidized childcare because such childcare is reserved for those whose refugee status is formally recognized by the federal authorities, which excludes those waiting for a decision in this regard. On May 31, 2019, Ms. Cibuabua Kanyinda filed an application for judicial review, which was amended on August 16, 2019. In the application, she challenged the legality, on the basis of an absence of valid statutory authorization, and the constitutional validity, on the basis of an infringement of certain rights guaranteed by the Canadian Charter, of s. 3 of the Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1. Argued Date 2025-05-15 Keywords Charter of Rights — Right to equality — Discrimination based on sex — Disproportionate impact of exclusion from subsidized childcare on women claiming refugee protection who have obtained work permit ? Whether s. 3 of Reduced Contribution Regulation infringes right to equality protected by s. 15(1) of Canadian Charter — If so, whether this infringement is justified under s. 1 of Canadian Charter — If this Court were to find that s. 3 of Reduced Contribution Regulation unjustifiably infringes s. 15(1) of Canadian Charter, what should appropriate remedy be? — Canadian Charter of Rights and Freedoms, ss. 1, 15(1) — Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1, s. 3. 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).

Attorney General of Quebec v. Bijou Cibuabua Kanyinda (Day 2/2) (41210)

The respondent Ms. Cibuabua Kanyinda entered Quebec on or about October 9, 2018, via Roxham Road following a stay in the United States. Originally from the Democratic Republic of Congo, Ms. Cibuabua Kanyinda made a claim for refugee protection under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, when she arrived. She has three children, who accompanied her and were very young at the time the application was filed. During the waiting period for the processing of her claim for refugee status, which was lengthy, she obtained a work permit allowing her to work in Quebec, and she approached three childcare facilities to find subsidized spaces for the children. However, she was denied access to subsidized childcare because such childcare is reserved for those whose refugee status is formally recognized by the federal authorities, which excludes those waiting for a decision in this regard. On May 31, 2019, Ms. Cibuabua Kanyinda filed an application for judicial review, which was amended on August 16, 2019. In the application, she challenged the legality, on the basis of an absence of valid statutory authorization, and the constitutional validity, on the basis of an infringement of certain rights guaranteed by the Canadian Charter, of s. 3 of the Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1. Argued Date 2025-05-15 Keywords Charter of Rights — Right to equality — Discrimination based on sex — Disproportionate impact of exclusion from subsidized childcare on women claiming refugee protection who have obtained work permit ? Whether s. 3 of Reduced Contribution Regulation infringes right to equality protected by s. 15(1) of Canadian Charter — If so, whether this infringement is justified under s. 1 of Canadian Charter — If this Court were to find that s. 3 of Reduced Contribution Regulation unjustifiably infringes s. 15(1) of Canadian Charter, what should appropriate remedy be? — Canadian Charter of Rights and Freedoms, ss. 1, 15(1) — Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1, s. 3. Notes (Quebec) (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).

Attorney General of Quebec v. Bijou Cibuabua Kanyinda (Day 1/2) (41210)

The respondent Ms. Cibuabua Kanyinda entered Quebec on or about October 9, 2018, via Roxham Road following a stay in the United States. Originally from the Democratic Republic of Congo, Ms. Cibuabua Kanyinda made a claim for refugee protection under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, when she arrived. She has three children, who accompanied her and were very young at the time the application was filed. During the waiting period for the processing of her claim for refugee status, which was lengthy, she obtained a work permit allowing her to work in Quebec, and she approached three childcare facilities to find subsidized spaces for the children. However, she was denied access to subsidized childcare because such childcare is reserved for those whose refugee status is formally recognized by the federal authorities, which excludes those waiting for a decision in this regard. On May 31, 2019, Ms. Cibuabua Kanyinda filed an application for judicial review, which was amended on August 16, 2019. In the application, she challenged the legality, on the basis of an absence of valid statutory authorization, and the constitutional validity, on the basis of an infringement of certain rights guaranteed by the Canadian Charter, of s. 3 of the Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1. Argued Date 2025-05-14 Keywords Charter of Rights — Right to equality — Discrimination based on sex — Disproportionate impact of exclusion from subsidized childcare on women claiming refugee protection who have obtained work permit ? Whether s. 3 of Reduced Contribution Regulation infringes right to equality protected by s. 15(1) of Canadian Charter — If so, whether this infringement is justified under s. 1 of Canadian Charter — If this Court were to find that s. 3 of Reduced Contribution Regulation unjustifiably infringes s. 15(1) of Canadian Charter, what should appropriate remedy be? — Canadian Charter of Rights and Freedoms, ss. 1, 15(1) — Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1, s. 3. 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).

Attorney General of Quebec v. Bijou Cibuabua Kanyinda (Day 1/2) (41210)

The respondent Ms. Cibuabua Kanyinda entered Quebec on or about October 9, 2018, via Roxham Road following a stay in the United States. Originally from the Democratic Republic of Congo, Ms. Cibuabua Kanyinda made a claim for refugee protection under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, when she arrived. She has three children, who accompanied her and were very young at the time the application was filed. During the waiting period for the processing of her claim for refugee status, which was lengthy, she obtained a work permit allowing her to work in Quebec, and she approached three childcare facilities to find subsidized spaces for the children. However, she was denied access to subsidized childcare because such childcare is reserved for those whose refugee status is formally recognized by the federal authorities, which excludes those waiting for a decision in this regard. On May 31, 2019, Ms. Cibuabua Kanyinda filed an application for judicial review, which was amended on August 16, 2019. In the application, she challenged the legality, on the basis of an absence of valid statutory authorization, and the constitutional validity, on the basis of an infringement of certain rights guaranteed by the Canadian Charter, of s. 3 of the Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1. Argued Date 2025-05-14 Keywords Charter of Rights — Right to equality — Discrimination based on sex — Disproportionate impact of exclusion from subsidized childcare on women claiming refugee protection who have obtained work permit ? Whether s. 3 of Reduced Contribution Regulation infringes right to equality protected by s. 15(1) of Canadian Charter — If so, whether this infringement is justified under s. 1 of Canadian Charter — If this Court were to find that s. 3 of Reduced Contribution Regulation unjustifiably infringes s. 15(1) of Canadian Charter, what should appropriate remedy be? — Canadian Charter of Rights and Freedoms, ss. 1, 15(1) — Reduced Contribution Regulation, CQLR, c. S 4.1.1, r. 1, s. 3. Notes (Quebec) (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).

Tony Rousselle v. His Majesty the King (41153)

Mr. Rousselle was arrested for impaired driving and administered a breathalyser test. Based on the results of the test, he was charged with having a blood alcohol concentration equal to or exceeding 80 mg of alcohol in 100 mL of blood within two hours of ceasing to operate a motor vehicle. At trial, a Certificate of Qualified Technician from the officer who administered the breathalyzer test was admitted into evidence but the trial judge refused to admit two certificates of analysts who had certified the target value of the alcohol standard used by the qualified technician to conduct a required system calibration check of the breathalyzer device. The trial judge held the Certificate of Qualified Technician was not evidence of the target value of an alcohol standard and proof of the target value of an alcohol standard was a pre-condition to the Crown relying on the presumption in s. 320.31(1) of the Criminal Code that breathalyzer test results are conclusive proof of blood alcohol concentration. The trial judge acquitted Mr. Rousselle. A summary conviction appeal was allowed, the acquittal was set aside and a conviction was entered. The Court of appeal dismissed an appeal. Argued Date 2025-04-24 Keywords Criminal law — Evidence — Breathalyser test results — Target value of alcohol standard — Whether Court of Appeal erred in interpretation of s. 320.31(1)(a) of Criminal Code as permitting Crown to prove alcohol standard was certified by an analyst through hearsay evidence of qualified technician? Notes (New Brunswick) (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).

Tony Rousselle v. His Majesty the King (41153)

Mr. Rousselle was arrested for impaired driving and administered a breathalyser test. Based on the results of the test, he was charged with having a blood alcohol concentration equal to or exceeding 80 mg of alcohol in 100 mL of blood within two hours of ceasing to operate a motor vehicle. At trial, a Certificate of Qualified Technician from the officer who administered the breathalyzer test was admitted into evidence but the trial judge refused to admit two certificates of analysts who had certified the target value of the alcohol standard used by the qualified technician to conduct a required system calibration check of the breathalyzer device. The trial judge held the Certificate of Qualified Technician was not evidence of the target value of an alcohol standard and proof of the target value of an alcohol standard was a pre-condition to the Crown relying on the presumption in s. 320.31(1) of the Criminal Code that breathalyzer test results are conclusive proof of blood alcohol concentration. The trial judge acquitted Mr. Rousselle. A summary conviction appeal was allowed, the acquittal was set aside and a conviction was entered. The Court of appeal dismissed an appeal. Argued Date 2025-04-24 Keywords Criminal law — Evidence — Breathalyser test results — Target value of alcohol standard — Whether Court of Appeal erred in interpretation of s. 320.31(1)(a) of Criminal Code as permitting Crown to prove alcohol standard was certified by an analyst through hearsay evidence of qualified technician? Notes (New Brunswick) (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).

His Majesty the King v. Paul Sheppard (41126)

The complainant was at that time, a grade 7 student at an all-male boarding school in Alberta. The respondent was a teacher at the school. After a trial by judge and jury, the respondent was found guilty of sexual interference (count 1), invitation to sexual touching (count 2), and sexual assault (count 3) of a person under the age of 14 years. The offences occurred in 1993 and 1994. In view of the multiple incidents in this case, the sentencing judge was satisfied that it was appropriate to sentence the respondent on counts 1 and 2. Convictions were entered on counts 1 and 2. The charge of sexual assault was stayed in accordance with Kienapple. The respondent was sentenced to a six year prison term with the counts to be served concurrently. A majority of the Alberta Court of Appeal (Wakeling and Feehan JJ.A.) allowed the respondent’s sentence appeal reducing the sentence to 47 months. Crighton J.A., dissented and would have upheld the six year sentence imposed by the sentencing judge. Argued Date 2025-04-23 Keywords Criminal law – Sentencing – Did the Alberta Court of Appeal err in law in finding the sentencing judge’s reasons for sentence to be insufficient? Do the principles articulated in R. v. Friesen apply to historic offences? Did the Alberta Court of Appeal err in interfering with the sentence imposed at trial? Notes (Alberta) (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. Paul Sheppard (41126)

The complainant was at that time, a grade 7 student at an all-male boarding school in Alberta. The respondent was a teacher at the school. After a trial by judge and jury, the respondent was found guilty of sexual interference (count 1), invitation to sexual touching (count 2), and sexual assault (count 3) of a person under the age of 14 years. The offences occurred in 1993 and 1994. In view of the multiple incidents in this case, the sentencing judge was satisfied that it was appropriate to sentence the respondent on counts 1 and 2. Convictions were entered on counts 1 and 2. The charge of sexual assault was stayed in accordance with Kienapple. The respondent was sentenced to a six year prison term with the counts to be served concurrently. A majority of the Alberta Court of Appeal (Wakeling and Feehan JJ.A.) allowed the respondent’s sentence appeal reducing the sentence to 47 months. Crighton J.A., dissented and would have upheld the six year sentence imposed by the sentencing judge. Argued Date 2025-04-23 Keywords Criminal law – Sentencing – Did the Alberta Court of Appeal err in law in finding the sentencing judge’s reasons for sentence to be insufficient? Do the principles articulated in R. v. Friesen apply to historic offences? Did the Alberta Court of Appeal err in interfering with the sentence imposed at trial? Notes (Alberta) (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).

Buddy Ray Underwood v. His Majesty the King (41434)

After a trial by judge alone, the appellant, Buddy Ray Underwood, was convicted of robbery, kidnapping, unlawful confinement and murder. The trial judge acquitted the appellant of first degree murder but entered a conviction for the included offence of second degree murder instead. The respondent Crown appealed the acquittal and the appellant cross-appealed the conviction. The Court of Appeal unanimously allowed the Crown’s appeal, quashed the acquittal on first degree murder and substituted a conviction for first degree murder under ss. 231(2) and (5) of the Criminal Code, R.S.C. 1985, c. C-46. First, the court agreed with the Crown that the trial judge erred in law in his analysis of constructive first degree murder by narrowing the causation analysis to focus exclusively on the direct medical cause of death. Second, the court concluded that the trial judge erred in law by misapprehending the time frame for assessing planning as well as the meaning of “planned” more generally. The appellant’s cross-appeal, not at issue, was dismissed. Argued Date 2025-04-17 Keywords Criminal law – Appeals – Murder – First degree murder – Elements of offence – Constructive first degree murder – Planning and deliberation – Whether the Court of Appeal erred in law in convicting the appellant of first degree murder by concluding that his actions satisfied the elements of s. 231(2) and (5)(e) of the Criminal Code, R.S.C. 1985, c. C-46. 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).

Buddy Ray Underwood v. His Majesty the King (41434)

After a trial by judge alone, the appellant, Buddy Ray Underwood, was convicted of robbery, kidnapping, unlawful confinement and murder. The trial judge acquitted the appellant of first degree murder but entered a conviction for the included offence of second degree murder instead. The respondent Crown appealed the acquittal and the appellant cross-appealed the conviction. The Court of Appeal unanimously allowed the Crown’s appeal, quashed the acquittal on first degree murder and substituted a conviction for first degree murder under ss. 231(2) and (5) of the Criminal Code, R.S.C. 1985, c. C-46. First, the court agreed with the Crown that the trial judge erred in law in his analysis of constructive first degree murder by narrowing the causation analysis to focus exclusively on the direct medical cause of death. Second, the court concluded that the trial judge erred in law by misapprehending the time frame for assessing planning as well as the meaning of “planned” more generally. The appellant’s cross-appeal, not at issue, was dismissed. Argued Date 2025-04-17 Keywords Criminal law – Appeals – Murder – First degree murder – Elements of offence – Constructive first degree murder – Planning and deliberation – Whether the Court of Appeal erred in law in convicting the appellant of first degree murder by concluding that his actions satisfied the elements of s. 231(2) and (5)(e) of the Criminal Code, R.S.C. 1985, c. C-46. Notes (Alberta) (Criminal) (As of Right) 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).