Supreme Court of Canada Hearings

Daniel Brunelle, et al. v. His Majesty the King (39917)

The appellants, who were charged with various offences related to the large scale trafficking of cannabis, were arrested at the same time in more than one judicial district. They were divided into four different groups for separate trials. The appellants in the first group brought a motion for a stay of proceedings for abuse of process based on a series of infringements of the rights of the accused, and primarily their right to counsel.On August 27, 2018, Dumas J. of the Superior Court entered a stay of proceedings on the ground that the police conduct had undermined the integrity of the justice system. He noted that the infringement of the right to counsel was the most serious infringement. On May 7, 2019, at a hearing before Dumas J., the parties agreed that the decision rendered concerning group 1 would apply to the accused in the other groups. The proceedings against all the other accused were therefore stayed. The Court of Appeal allowed the appeals, set aside the judgments of August 27, 2018 and May 7, 2019 staying the court proceedings, and ordered a new trial. It found that the trial judge necessarily had to assess the situation of each accused individually, since a remedy could be granted only to a person whose own constitutional rights had been infringed. That error in itself justified a new hearing. Argued Date 2023-02-08 Keywords Constitutional law - Charter of Rights, Enforcement (s. 24), Abuse of process - Constitutional law — Charter of Rights — Enforcement — Stay of proceedings — Abuse of process — Residual category — Standing — Infringement of right to counsel — Given that infringement of personal right is not determinative in application for stay of proceedings based on residual category, what standing is required to seek remedy in this category through s. 24(1) of Canadian Charter of Rights and Freedoms — Whether Crown can appeal conclusion of judgment that ends proceedings even though Crown specifically asked trial judge to reach such conclusion. 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).

Cindy Dickson v. Vuntut Gwitchin First Nation (39856)

The appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon Territory; she resides in Whitehorse, instead of the VGFN’s Settlement Lands, approximately 800km away, for family medical reasons and other socio-economic reasons. Ms. Dickson sought to stand for election to the Council of the VGFN. However, the VGFN constitution specifies that any Councillor must reside on the Settlement Land (the “residency requirement”); it also states that if an eligible candidate for Chief or Councillor does not reside on Settlement Lands during the election, and wins their desired seat, they must relocate to the Settlement Lands within 14 days of election day. Given that Ms. Dickson was unwilling to move to the Settlement Lands, the VGFN Council declined to remove the residency requirement from the constitution, and rejected Ms. Dickson’s candidacy for the position of Councillor. Ms. Dickson then sought a declaration in the Yukon Supreme Court that the residency requirement was inconsistent with her right to equality protected and guaranteed by s. 15(1) of the Charter, could not be justified under s. 1 of the Charter, and was therefore of no force or effect.The chambers judge issued a number of declarations, concluding that while the Charter applies to the VGFN Council and to the residency requirement in the VGFN constitution, the residency requirement at its core does not infringe s. 15(1) of the Charter. However, the time limit for relocation specified in the residency requirement — “within 14 days” — does infringe s. 15(1), and should be severed from the requirement and declared to be of no force and effect pursuant to s. 52 of the Constitution Act, 1982 (the declaration of invalidity was suspended for 18 months).Alternatively, if this was incorrect and the residency requirement does infringe the s. 15(1) equality right, even without the time limit, the chambers judge concluded that s. 25 of the Charter would apply so as to “shield” the residency requirement (albeit with severance of the words “within 14 days”) from a finding of infringement. Argued Date 2023-02-07 Keywords Constitutional law - Canadian charter (Non-criminal), Application (s. 32), Right to equality (s. 15), Aboriginal peoples (s. 35), Treaty rights, Self-government - Constitutional law — Charter of rights — Application — Right to equality — Discrimination based on aboriginality-residence — Aboriginal peoples — Treaty rights — Self-government — First Nation constitution requiring elected Band councillors to relocate to settlement lands within 14 days of election — Appellant’s candidacy for councillor rejected for refusing to relocate if elected — Appellant challenging constitutional validity of residency requirement — Various declarations issued, including that Charter applies to First Nation’s residency requirement, that time limit in requirement infringes right to equality, but that s. 25 of Charter operates so as to shield requirement from review — Whether scope of “other rights and freedoms” that “pertain to aboriginal peoples of Canada” set out in s. 25 of Charter includes residency requirement — Whether court required to conduct full analysis of Charter right engaged, including s. 1, or whether application of s. 25 means collective rights need not be balanced with other interests — Whether Charter applies to residency requirement in constitution of self-governing First Nation — Whether residency requirement inconsistent with Charter, including whether analogous ground of “aboriginality-residence” rigidly applies in all circumstances of Indigenous governance — Canadian Charter of Rights and Freedoms, ss. 1, 15, 25, 32. Notes (Yukon Territory) (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).

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).