Supreme Court of Canada Hearings

His Majesty the King v. Sharon Fox (41215)

The respondent is a criminal defence lawyer whose client was the subject of a wiretap authorization under the Criminal Code. The authorization did not permit live monitoring of phone calls with a lawyer; such calls could be recorded, but a judge’s order was required to access them. During the surveillance operation, the respondent called her client, which was automatically recorded. A civilian employee also listened to a portion of the call before disconnecting.A reviewing judge concluded that an initial portion of the telephone call was not subject to solicitor-client privilege and it was released to the Crown. The recording revealed the respondent informed her client that a third party had been arrested and that the police would likely be obtaining search warrants for places where the third party had been. The respondent was charged with wilfully attempting to obstruct, pervert or defeat the course of justice by interfering in an ongoing police investigation, contrary to s. 139(2) of the Criminal Code.In a voir dire, the trial judge concluded that the respondent’s rights under s. 8 of the Charter were not breached with respect to the civilian employee listening to her phone conversation. However, she also concluded that her rights under ss. 7 and 11(d) of the Charter had been breached due to her inability to access the second, privileged portion of the recording. She ordered the entire recording excluded under s. 24(1) of the Charter. The Crown called no evidence and the respondent was acquitted.A majority of the Court of Appeal affirmed the acquittal and the trial judge’s decision with respect to the breaches of the respondent’s rights under ss. 7 and 11(d) of the Charter. However, it also concluded that her rights under s. 8 had been breached, and it therefore would have excluded the evidence of the telephone call under s. 24(2) of the Charter rather than s. 24(1). The dissenting judge would have held that the respondent’s ss. 7 and 11(d) rights were not breached. He agreed with the majority that there was a breach of her s. 8 rights, but he would have held that the evidence should not be excluded under s. 24(2). He would have ordered a new trial. Argued Date 2025-05-20 Keywords Criminal Law — Charter of rights — Search and seizure (s. 8) — Full answer and defence (ss. 7 and 11(d) — Solicitor-client privilege — Wire-tap authorization — Interaction between solicitor-client privilege and an accused’s lawyer’s Charter rights — Wire-tap monitoring and recording of phone call between defence counsel and client — Whether the respondent’s right to make full answer and defence was breached by not having access to the full recording of a phone call protected by solicitor-client privilege — Whether evidence obtained by s. 8 breaches should have been excluded. Notes (Saskatchewan) (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. Sharon Fox (41215)

The respondent is a criminal defence lawyer whose client was the subject of a wiretap authorization under the Criminal Code. The authorization did not permit live monitoring of phone calls with a lawyer; such calls could be recorded, but a judge’s order was required to access them. During the surveillance operation, the respondent called her client, which was automatically recorded. A civilian employee also listened to a portion of the call before disconnecting.A reviewing judge concluded that an initial portion of the telephone call was not subject to solicitor-client privilege and it was released to the Crown. The recording revealed the respondent informed her client that a third party had been arrested and that the police would likely be obtaining search warrants for places where the third party had been. The respondent was charged with wilfully attempting to obstruct, pervert or defeat the course of justice by interfering in an ongoing police investigation, contrary to s. 139(2) of the Criminal Code.In a voir dire, the trial judge concluded that the respondent’s rights under s. 8 of the Charter were not breached with respect to the civilian employee listening to her phone conversation. However, she also concluded that her rights under ss. 7 and 11(d) of the Charter had been breached due to her inability to access the second, privileged portion of the recording. She ordered the entire recording excluded under s. 24(1) of the Charter. The Crown called no evidence and the respondent was acquitted.A majority of the Court of Appeal affirmed the acquittal and the trial judge’s decision with respect to the breaches of the respondent’s rights under ss. 7 and 11(d) of the Charter. However, it also concluded that her rights under s. 8 had been breached, and it therefore would have excluded the evidence of the telephone call under s. 24(2) of the Charter rather than s. 24(1). The dissenting judge would have held that the respondent’s ss. 7 and 11(d) rights were not breached. He agreed with the majority that there was a breach of her s. 8 rights, but he would have held that the evidence should not be excluded under s. 24(2). He would have ordered a new trial. Argued Date 2025-05-20 Keywords Criminal Law — Charter of rights — Search and seizure (s. 8) — Full answer and defence (ss. 7 and 11(d) — Solicitor-client privilege — Wire-tap authorization — Interaction between solicitor-client privilege and an accused’s lawyer’s Charter rights — Wire-tap monitoring and recording of phone call between defence counsel and client — Whether the respondent’s right to make full answer and defence was breached by not having access to the full recording of a phone call protected by solicitor-client privilege — Whether evidence obtained by s. 8 breaches should have been excluded. Notes (Saskatchewan) (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).

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).