Supreme Court of Canada Hearings

Chief of the Edmonton Police Service v. John McKee, et al. (Day 2/2) (41110)

In 2015, a finding of misconduct was made against an Edmonton Police Service (EPS) detective, and was recorded in a document entitled “Decision of Hearing”. The EPS provided the respondent, His Majesty the King in Right of Canada (hereafter, the “Crown”), with a copy of the Decision of Hearing in July 2015 in relation to a prosecution. The finding of misconduct to which the Decision of Hearing relates was later removed from the detective’s record of discipline by operation of s. 22 of the Police Service Regulation.By June of 2022, respondent John McKee had been charged with drug and weapons offences, following an investigation in which the detective had been involved. In July 2023, the Crown advised Mr. McKee’s counsel that records relating to the detective’s past misconduct may be relevant and subject to disclosure, as the details of the misconduct were serious and had a realistic bearing on the detective’s credibility. The Crown further advised that the EPS opposed disclosure of the records but the Crown would consent to an application for disclosure if Mr. McKee should choose to bring one.Mr. McKee brought an application for disclosure in the Court of King’s Bench of Alberta. The application judge held that the information of misconduct in the Decision of Hearing was relevant and disclosable by the Crown as first-party information. The application was granted. Argued Date 2025-10-08 Keywords Criminal law — Evidence — Disclosure — Police disciplinary records — Information relating to past finding of misconduct of police detective removed from detective’s record of discipline pursuant to Police Service Regulation — Detective involved in investigation leading to charges against accused — Crown determining information concerning detective’s past misconduct possibly relevant and material to accused’s prosecution — Detective and chief of police opposing disclosure — Application judge determining information of misconduct must be disclosed — Whether the scope of “the possession of the prosecuting Crown” includes information provided to the Crown’s office outside of the particular prosecution at issue — Scope of disclosure of police disciplinary records required by R. v. McNeil, 2009 SCC 3 — Whether statutorily expunged findings of police officer misconduct disclosable to the accused in unrelated criminal proceedings — Whether factors not listed in R. v. Sullivan, 2022 SCC 19 constitute permissible exemptions to horizontal stare decisis — Police Service Regulation, Alta. Reg. 356/1990, s. 22. 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).

Chief of the Edmonton Police Service v. John McKee, et al. (Day 2/2) (41110)

In 2015, a finding of misconduct was made against an Edmonton Police Service (EPS) detective, and was recorded in a document entitled “Decision of Hearing”. The EPS provided the respondent, His Majesty the King in Right of Canada (hereafter, the “Crown”), with a copy of the Decision of Hearing in July 2015 in relation to a prosecution. The finding of misconduct to which the Decision of Hearing relates was later removed from the detective’s record of discipline by operation of s. 22 of the Police Service Regulation.By June of 2022, respondent John McKee had been charged with drug and weapons offences, following an investigation in which the detective had been involved. In July 2023, the Crown advised Mr. McKee’s counsel that records relating to the detective’s past misconduct may be relevant and subject to disclosure, as the details of the misconduct were serious and had a realistic bearing on the detective’s credibility. The Crown further advised that the EPS opposed disclosure of the records but the Crown would consent to an application for disclosure if Mr. McKee should choose to bring one.Mr. McKee brought an application for disclosure in the Court of King’s Bench of Alberta. The application judge held that the information of misconduct in the Decision of Hearing was relevant and disclosable by the Crown as first-party information. The application was granted. Argued Date 2025-10-08 Keywords Criminal law — Evidence — Disclosure — Police disciplinary records — Information relating to past finding of misconduct of police detective removed from detective’s record of discipline pursuant to Police Service Regulation — Detective involved in investigation leading to charges against accused — Crown determining information concerning detective’s past misconduct possibly relevant and material to accused’s prosecution — Detective and chief of police opposing disclosure — Application judge determining information of misconduct must be disclosed — Whether the scope of “the possession of the prosecuting Crown” includes information provided to the Crown’s office outside of the particular prosecution at issue — Scope of disclosure of police disciplinary records required by R. v. McNeil, 2009 SCC 3 — Whether statutorily expunged findings of police officer misconduct disclosable to the accused in unrelated criminal proceedings — Whether factors not listed in R. v. Sullivan, 2022 SCC 19 constitute permissible exemptions to horizontal stare decisis — Police Service Regulation, Alta. Reg. 356/1990, s. 22. 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).

Chief of the Edmonton Police Service v. John McKee, et al. (Day 1/2) (41110)

In 2015, a finding of misconduct was made against an Edmonton Police Service (EPS) detective, and was recorded in a document entitled “Decision of Hearing”. The EPS provided the respondent, His Majesty the King in Right of Canada (hereafter, the “Crown”), with a copy of the Decision of Hearing in July 2015 in relation to a prosecution. The finding of misconduct to which the Decision of Hearing relates was later removed from the detective’s record of discipline by operation of s. 22 of the Police Service Regulation.By June of 2022, respondent John McKee had been charged with drug and weapons offences, following an investigation in which the detective had been involved. In July 2023, the Crown advised Mr. McKee’s counsel that records relating to the detective’s past misconduct may be relevant and subject to disclosure, as the details of the misconduct were serious and had a realistic bearing on the detective’s credibility. The Crown further advised that the EPS opposed disclosure of the records but the Crown would consent to an application for disclosure if Mr. McKee should choose to bring one.Mr. McKee brought an application for disclosure in the Court of King’s Bench of Alberta. The application judge held that the information of misconduct in the Decision of Hearing was relevant and disclosable by the Crown as first-party information. The application was granted. Argued Date 2025-10-07 Keywords Criminal law — Evidence — Disclosure — Police disciplinary records — Information relating to past finding of misconduct of police detective removed from detective’s record of discipline pursuant to Police Service Regulation — Detective involved in investigation leading to charges against accused — Crown determining information concerning detective’s past misconduct possibly relevant and material to accused’s prosecution — Detective and chief of police opposing disclosure — Application judge determining information of misconduct must be disclosed — Whether the scope of “the possession of the prosecuting Crown” includes information provided to the Crown’s office outside of the particular prosecution at issue — Scope of disclosure of police disciplinary records required by R. v. McNeil, 2009 SCC 3 — Whether statutorily expunged findings of police officer misconduct disclosable to the accused in unrelated criminal proceedings — Whether factors not listed in R. v. Sullivan, 2022 SCC 19 constitute permissible exemptions to horizontal stare decisis — Police Service Regulation, Alta. Reg. 356/1990, s. 22. 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).

Chief of the Edmonton Police Service v. John McKee, et al. (Day 1/2) (41110)

In 2015, a finding of misconduct was made against an Edmonton Police Service (EPS) detective, and was recorded in a document entitled “Decision of Hearing”. The EPS provided the respondent, His Majesty the King in Right of Canada (hereafter, the “Crown”), with a copy of the Decision of Hearing in July 2015 in relation to a prosecution. The finding of misconduct to which the Decision of Hearing relates was later removed from the detective’s record of discipline by operation of s. 22 of the Police Service Regulation.By June of 2022, respondent John McKee had been charged with drug and weapons offences, following an investigation in which the detective had been involved. In July 2023, the Crown advised Mr. McKee’s counsel that records relating to the detective’s past misconduct may be relevant and subject to disclosure, as the details of the misconduct were serious and had a realistic bearing on the detective’s credibility. The Crown further advised that the EPS opposed disclosure of the records but the Crown would consent to an application for disclosure if Mr. McKee should choose to bring one.Mr. McKee brought an application for disclosure in the Court of King’s Bench of Alberta. The application judge held that the information of misconduct in the Decision of Hearing was relevant and disclosable by the Crown as first-party information. The application was granted. Argued Date 2025-10-07 Keywords Criminal law — Evidence — Disclosure — Police disciplinary records — Information relating to past finding of misconduct of police detective removed from detective’s record of discipline pursuant to Police Service Regulation — Detective involved in investigation leading to charges against accused — Crown determining information concerning detective’s past misconduct possibly relevant and material to accused’s prosecution — Detective and chief of police opposing disclosure — Application judge determining information of misconduct must be disclosed — Whether the scope of “the possession of the prosecuting Crown” includes information provided to the Crown’s office outside of the particular prosecution at issue — Scope of disclosure of police disciplinary records required by R. v. McNeil, 2009 SCC 3 — Whether statutorily expunged findings of police officer misconduct disclosable to the accused in unrelated criminal proceedings — Whether factors not listed in R. v. Sullivan, 2022 SCC 19 constitute permissible exemptions to horizontal stare decisis — Police Service Regulation, Alta. Reg. 356/1990, s. 22. 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).

His Majesty the King, et al. v. B.F., et al. (41420)

B.F., a surgical nurse, has a child, E. B.F. and E.’s father are separated and, in 2019, were engaged in litigation about parenting rights. An interim ruling in that case in early June 2019 granted E.’s father supervised access, which B.F. resisted. At this time, B.F. was residing with her mother, I.F.On June 12, 2019, after the interim ruling, a neighbour found B.F., I.F., and E., then 19 months old, in B.F.’s home. All three were unconscious in B.F.’s bedroom; E. was in her crib. First responders found five empty insulin pens at the scene, each of which originally contained many times the normal adult dose. There were nine visible injection marks on E.’s body and evidence that E. had resisted the injections; no injection marks were visible on B.F. or I.F. The first responders also located a handwritten letter at the scene that they characterized as a suicide note. Due to the quantity of insulin injected into her system, E. suffered serious and permanent brain damage, as well as permanent damage to other organs. She was diagnosed with cerebral palsy and spasticity, and suffers from seizures. She requires constant medical care. B.F. and I.F. have since fully recovered. B.F. was arrested and charged with two counts of attempted murder by administering a noxious substance (a potentially lethal amount of insulin by injection), and two counts of aggravated assault.The jury convicted B.F. of the attempted murder of E. and I.F., and of the aggravated assault of E. The jury acquitted B.F. of the aggravated assault of I.F.B.F. appealed her conviction and sentence. The conviction appeal in relation to the attempted murder of E. was dismissed. The conviction appeal in relation to the attempted murder of I.F. was allowed and a new trial ordered. Argued Date 2025-05-22 Keywords Criminal law — Offences — Elements of offence — Charge to jury — Party liability — Attempted murder and aiding suicide — Suicide pact defence — Whether victim of a crime may also be a principal of an offence — Whether accused may be liable as a party to an offence without a principal offender being found guilty — Whether trial judge erred by failing to instruct the jury on the scenario presented by counsel for B.F. — Whether jury instructions were misleading to the point of error — Whether jury instructions raise a reasonable apprehension of biais — Whether suicide pact defence available — Whether Court of Appeal erred in approach to causation — Whether Court of Appeal incorrectly required additional elements that must be satisfied for an act that may assist suicide to also constitute murder Notes (Ontario) (Criminal) (By Leave) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King, et al. v. B.F., et al. (41420)

B.F., a surgical nurse, has a child, E. B.F. and E.’s father are separated and, in 2019, were engaged in litigation about parenting rights. An interim ruling in that case in early June 2019 granted E.’s father supervised access, which B.F. resisted. At this time, B.F. was residing with her mother, I.F.On June 12, 2019, after the interim ruling, a neighbour found B.F., I.F., and E., then 19 months old, in B.F.’s home. All three were unconscious in B.F.’s bedroom; E. was in her crib. First responders found five empty insulin pens at the scene, each of which originally contained many times the normal adult dose. There were nine visible injection marks on E.’s body and evidence that E. had resisted the injections; no injection marks were visible on B.F. or I.F. The first responders also located a handwritten letter at the scene that they characterized as a suicide note. Due to the quantity of insulin injected into her system, E. suffered serious and permanent brain damage, as well as permanent damage to other organs. She was diagnosed with cerebral palsy and spasticity, and suffers from seizures. She requires constant medical care. B.F. and I.F. have since fully recovered. B.F. was arrested and charged with two counts of attempted murder by administering a noxious substance (a potentially lethal amount of insulin by injection), and two counts of aggravated assault.The jury convicted B.F. of the attempted murder of E. and I.F., and of the aggravated assault of E. The jury acquitted B.F. of the aggravated assault of I.F.B.F. appealed her conviction and sentence. The conviction appeal in relation to the attempted murder of E. was dismissed. The conviction appeal in relation to the attempted murder of I.F. was allowed and a new trial ordered. Argued Date 2025-05-22 Keywords Criminal law — Offences — Elements of offence — Charge to jury — Party liability — Attempted murder and aiding suicide — Suicide pact defence — Whether victim of a crime may also be a principal of an offence — Whether accused may be liable as a party to an offence without a principal offender being found guilty — Whether trial judge erred by failing to instruct the jury on the scenario presented by counsel for B.F. — Whether jury instructions were misleading to the point of error — Whether jury instructions raise a reasonable apprehension of biais — Whether suicide pact defence available — Whether Court of Appeal erred in approach to causation — Whether Court of Appeal incorrectly required additional elements that must be satisfied for an act that may assist suicide to also constitute murder Notes (Ontario) (Criminal) (By Leave) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King v. David Carignan (41186)

The respondent was arrested without warrant by the police 11 days after the date of an alleged crime. At his trial, he brought a motion in which he claimed that his arrest and his detention following his arrest were unlawful pursuant to s. 495(2)(b), (d) and (e) of the Criminal Code and s. 9 of the Canadian Charter of Rights and Freedoms. He argued that the power to arrest and detain without warrant for a hybrid offence is lawful only if the peace officer has reasonable grounds to believe that an indictable offence was actually committed or is about to be committed and that such measures are necessary in the public interest.The trial judge summarily dismissed the motion on the ground that it had no chance of success. The police officers could, pursuant to s. 495(3) of the Criminal Code, proceed solely on reasonable grounds to believe that an indictable offence was actually committed. There was nothing unlawful about his arrest. The Court of Appeal found that the trial judge had erred in refusing to hold a voir dire on the motion, because the motion was not bound to fail. The right to challenge the lawfulness of the arrest without warrant is guaranteed by the terms of s. 495(3) in accordance with a viable interpretation of the limitations imposed on the power of arrest without warrant set out in s. 495(2). The Court of Appeal ordered a new trial. Argued Date 2025-05-21 Keywords Criminal law — Arrest — Police — Powers — Arrest without warrant — Whether s. 495(2) of Criminal Code modifies peace officer’s power to arrest person without warrant — Whether s. 495(3) of Criminal Code excuses non compliance with s. 495(2) — Whether Court of Appeal erred in finding that trial judge had erred in summarily dismissing motion in which unlawfulness of arrest by reason of non compliance with s. 495(2) was alleged — Criminal Code, R.S.C. 1985, c. C 46, s. 495. Notes (Quebec) (Criminal) (By Leave) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King v. David Carignan (41186)

The respondent was arrested without warrant by the police 11 days after the date of an alleged crime. At his trial, he brought a motion in which he claimed that his arrest and his detention following his arrest were unlawful pursuant to s. 495(2)(b), (d) and (e) of the Criminal Code and s. 9 of the Canadian Charter of Rights and Freedoms. He argued that the power to arrest and detain without warrant for a hybrid offence is lawful only if the peace officer has reasonable grounds to believe that an indictable offence was actually committed or is about to be committed and that such measures are necessary in the public interest.The trial judge summarily dismissed the motion on the ground that it had no chance of success. The police officers could, pursuant to s. 495(3) of the Criminal Code, proceed solely on reasonable grounds to believe that an indictable offence was actually committed. There was nothing unlawful about his arrest. The Court of Appeal found that the trial judge had erred in refusing to hold a voir dire on the motion, because the motion was not bound to fail. The right to challenge the lawfulness of the arrest without warrant is guaranteed by the terms of s. 495(3) in accordance with a viable interpretation of the limitations imposed on the power of arrest without warrant set out in s. 495(2). The Court of Appeal ordered a new trial. Argued Date 2025-05-21 Keywords Criminal law — Arrest — Police — Powers — Arrest without warrant — Whether s. 495(2) of Criminal Code modifies peace officer’s power to arrest person without warrant — Whether s. 495(3) of Criminal Code excuses non compliance with s. 495(2) — Whether Court of Appeal erred in finding that trial judge had erred in summarily dismissing motion in which unlawfulness of arrest by reason of non compliance with s. 495(2) was alleged — Criminal Code, R.S.C. 1985, c. C 46, s. 495. Notes (Quebec) (Criminal) (By Leave) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

S.A. v. His Majesty the King (41569)

On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings. Argued Date 2025-05-16 Keywords Charter of Rights and Freedoms — Right to tried in reasonable time — How should delay caused by judicial vacancy be treated under s. 11(b) of the Charter? Notes (Ontario) (Criminal) (By Leave) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

S.A. v. His Majesty the King (41569)

On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings. Argued Date 2025-05-16 Keywords Charter of Rights and Freedoms — Right to tried in reasonable time — How should delay caused by judicial vacancy be treated under s. 11(b) of the Charter? Notes (Ontario) (Criminal) (By Leave) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).