Supreme Court of Canada Hearings

Derrick Michael Lawlor v. His Majesty the King (40500)

The appellant engaged in a sexual encounter with two other men in a park. A number of hours later, the body of one of those men was found in the park; he had died due to external neck compression. The appellant had mental health difficulties and had consumed both psychiatric medication and alcohol around the time he was in the park with the victim and the third man. The appellant had made several statements both before and after the victim’s death that he wanted to harm and kill gay men, and that he had at times carried a rope and a knife to do so. In the days following the killing, the appellant searched the internet for news with respect to the discovery of a body in the park.A jury found the appellant guilty of first-degree murder. A majority of the Court of Appeal dismissed his appeal and held that the trial judge’s instructions to the jury had been appropriate. In dissent, Nordheimer J.A. would have allowed the appeal on two grounds: (1) that the trial judge failed to instruct the jury on the appellant’s mental health as it relates to the intent required for murder and (2) that the trial judge failed to provide a limiting instruction on the use of after-the-fact conduct evidence. Nordheimer J.A. would have ordered a new trial. Argued Date 2023-12-15 Keywords Criminal law — Charge to jury — Non-direction amounting to misdirection — Need to review mental health evidence with jury — Need to include limiting instruction for after-the-fact conduct evidence — Whether Court of Appeal erred by holding that trial judge did not err in not relating mental health evidence to intent required for murder — Whether the Court of Appeal erred by holding that the trial judge did not err in not providing a limiting instruction for after-the-fact conduct evidence Notes (Ontario) (Criminal) (As of Right) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Derrick Michael Lawlor v. His Majesty the King (40500)

The appellant engaged in a sexual encounter with two other men in a park. A number of hours later, the body of one of those men was found in the park; he had died due to external neck compression. The appellant had mental health difficulties and had consumed both psychiatric medication and alcohol around the time he was in the park with the victim and the third man. The appellant had made several statements both before and after the victim’s death that he wanted to harm and kill gay men, and that he had at times carried a rope and a knife to do so. In the days following the killing, the appellant searched the internet for news with respect to the discovery of a body in the park.A jury found the appellant guilty of first-degree murder. A majority of the Court of Appeal dismissed his appeal and held that the trial judge’s instructions to the jury had been appropriate. In dissent, Nordheimer J.A. would have allowed the appeal on two grounds: (1) that the trial judge failed to instruct the jury on the appellant’s mental health as it relates to the intent required for murder and (2) that the trial judge failed to provide a limiting instruction on the use of after-the-fact conduct evidence. Nordheimer J.A. would have ordered a new trial. Argued Date 2023-12-15 Keywords Criminal law — Charge to jury — Non-direction amounting to misdirection — Need to review mental health evidence with jury — Need to include limiting instruction for after-the-fact conduct evidence — Whether Court of Appeal erred by holding that trial judge did not err in not relating mental health evidence to intent required for murder — Whether the Court of Appeal erred by holding that the trial judge did not err in not providing a limiting instruction for after-the-fact conduct evidence Notes (Ontario) (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).

Nicolas Landry v. His Majesty the King (40394)

(PUBLICATION BAN IN CASE)The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of the appellant’s work activities but did not tell the physician-arbitrator about them.The trial judge found that all the elements of the offence of fraud over $5,000 had been established. The appellant was convicted of one count of fraud. The majority of the Court of Appeal upheld the trial judge’s decision, while the minority would have substituted a verdict of attempted fraud. Argued Date 2024-01-17 Keywords Criminal law — Offences — Elements of offence — Fraud — Deprivation — Concurrence between actus reus and mens rea — Proof of causation — Whether Court has jurisdiction to hear appeal as of right under s. 691(1)(a) of Criminal Code — Whether majority of Court of Appeal interpreted essential element of deprivation too broadly — Whether victim’s prior knowledge of scheme prevents deprivation from being shown — Criminal Code, R.S.C. 1985, c. C-46, s. 380(1). Notes (Quebec) (Criminal) (As of Right) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Nicolas Landry v. His Majesty the King (40394)

(PUBLICATION BAN IN CASE)The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of the appellant’s work activities but did not tell the physician-arbitrator about them.The trial judge found that all the elements of the offence of fraud over $5,000 had been established. The appellant was convicted of one count of fraud. The majority of the Court of Appeal upheld the trial judge’s decision, while the minority would have substituted a verdict of attempted fraud. Argued Date 2024-01-17 Keywords Criminal law — Offences — Elements of offence — Fraud — Deprivation — Concurrence between actus reus and mens rea — Proof of causation — Whether Court has jurisdiction to hear appeal as of right under s. 691(1)(a) of Criminal Code — Whether majority of Court of Appeal interpreted essential element of deprivation too broadly — Whether victim’s prior knowledge of scheme prevents deprivation from being shown — Criminal Code, R.S.C. 1985, c. C-46, s. 380(1). Notes (Quebec) (Criminal) (As of Right) (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).

Daniel Hodgson v. His Majesty the King (40498)

Appellant Daniel Hodgson was charged with second-degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who had been sleeping in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson applied a one-arm choke hold on him.Mr. Hodgson was acquitted at trial. The trial judge had a reasonable doubt as to whether Mr. Hodgson had the requisite intent for murder. On the lesser included offence of manslaughter, the trial judge concluded that the Crown had not proven beyond a reasonable doubt that Mr. Hodgson did not act in self-defence pursuant to s. 34 of the Criminal Code, R.S.C. 1985, c. C-46. The Court of Appeal set aside the acquittal and ordered a new trial. Argued Date 2024-02-15 Keywords Criminal Law — Defences — Self-Defence — Appellant charged with second-degree murder following an altercation at party — Trial judge finding no intent to murder, and Crown failing to disprove self-defence on the lesser included offence of manslaughter — Appellant acquitted — Court of Appeal setting aside acquittal and ordering new trial — Whether Court of Appeal exceeded its jurisdiction in concluding that the trial judge’s failure to infer intent for murder was a reviewable legal error — Whether the Court of Appeal erred in concluding that the trial judge was required to infer the intent for murder — Whether the Court of Appeal erred in concluding that the trial judge erroneously approached the issue of the reasonableness of the Appellant’s response from a purely subjective perspective — Criminal Code, R.S.C. 1985, c. C-46, s. 34. Notes (Nunavut) (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).

Daniel Hodgson v. His Majesty the King (40498)

Appellant Daniel Hodgson was charged with second-degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who had been sleeping in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson applied a one-arm choke hold on him.Mr. Hodgson was acquitted at trial. The trial judge had a reasonable doubt as to whether Mr. Hodgson had the requisite intent for murder. On the lesser included offence of manslaughter, the trial judge concluded that the Crown had not proven beyond a reasonable doubt that Mr. Hodgson did not act in self-defence pursuant to s. 34 of the Criminal Code, R.S.C. 1985, c. C-46. The Court of Appeal set aside the acquittal and ordered a new trial. Argued Date 2024-02-15 Keywords Criminal Law — Defences — Self-Defence — Appellant charged with second-degree murder following an altercation at party — Trial judge finding no intent to murder, and Crown failing to disprove self-defence on the lesser included offence of manslaughter — Appellant acquitted — Court of Appeal setting aside acquittal and ordering new trial — Whether Court of Appeal exceeded its jurisdiction in concluding that the trial judge’s failure to infer intent for murder was a reviewable legal error — Whether the Court of Appeal erred in concluding that the trial judge was required to infer the intent for murder — Whether the Court of Appeal erred in concluding that the trial judge erroneously approached the issue of the reasonableness of the Appellant’s response from a purely subjective perspective — Criminal Code, R.S.C. 1985, c. C-46, s. 34. Notes (Nunavut) (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. Private D.T. Vu (40655)

(Publication ban in case)In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being a lack of subjective consent) beyond a reasonable doubt.The appellant Crown appealed to the Court Martial Appeal Court. It submitted that the military judge erred in finding that the prosecution failed to prove a lack of consent or capacity to consent. Its submission rested on the proposition recognized in R. v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197, that the judge committed a legal error by failing to consider the entirety and cumulative effect of the evidence in reaching his conclusion on the issue. A majority of the appeal court (per Bell C.J. and Trotter J.A.) dismissed the appeal. It held the military judge did not err in law in his analysis leading to the respondent’s acquittal. Any findings the military judge made that the majority took issue with were held to have no bearing on the verdict reached. The majority further held that in the event it was incorrect on this point, it would rely upon s. 241 of the NDA, which states that “[n]otwithstanding anything in this Division, the Court Martial Appeal Court may disallow an appeal if, in the opinion of the Court, to be expressed in writing, there has been no substantial miscarriage of justice”. In dissent, McVeigh J.A. would have allowed the appeal and ordered a new trial. In her view, the military judge erred in law by failing to consider all of the evidence cumulatively, which led him to speculate improperly about alternative theories. These errors might have reasonably had a material bearing on the verdict. Further, the military judge erred by relying on improper inferences which, in effect, amounted to an insistence that the complainant’s intoxication had to be corroborated beyond the available evidence in this case. Argued Date 2024-01-16 Keywords Criminal law — Armed forces — Military Offences —Sexual Assault — Evidence — Whether the military judge failed to consider all of the evidence cumulatively — Whether the military judge assessed the evidence based on the wrong legal principles. Notes (Federal) (Criminal) (As of Right) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King v. Private D.T. Vu (40655)

(Publication ban in case)In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incapable of consenting to the act by reason of advanced intoxication. The judge concluded that the Crown did not prove part of the actus reus (being a lack of subjective consent) beyond a reasonable doubt.The appellant Crown appealed to the Court Martial Appeal Court. It submitted that the military judge erred in finding that the prosecution failed to prove a lack of consent or capacity to consent. Its submission rested on the proposition recognized in R. v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197, that the judge committed a legal error by failing to consider the entirety and cumulative effect of the evidence in reaching his conclusion on the issue. A majority of the appeal court (per Bell C.J. and Trotter J.A.) dismissed the appeal. It held the military judge did not err in law in his analysis leading to the respondent’s acquittal. Any findings the military judge made that the majority took issue with were held to have no bearing on the verdict reached. The majority further held that in the event it was incorrect on this point, it would rely upon s. 241 of the NDA, which states that “[n]otwithstanding anything in this Division, the Court Martial Appeal Court may disallow an appeal if, in the opinion of the Court, to be expressed in writing, there has been no substantial miscarriage of justice”. In dissent, McVeigh J.A. would have allowed the appeal and ordered a new trial. In her view, the military judge erred in law by failing to consider all of the evidence cumulatively, which led him to speculate improperly about alternative theories. These errors might have reasonably had a material bearing on the verdict. Further, the military judge erred by relying on improper inferences which, in effect, amounted to an insistence that the complainant’s intoxication had to be corroborated beyond the available evidence in this case. Argued Date 2024-01-16 Keywords Criminal law — Armed forces — Military Offences —Sexual Assault — Evidence — Whether the military judge failed to consider all of the evidence cumulatively — Whether the military judge assessed the evidence based on the wrong legal principles. Notes (Federal) (Criminal) (As of Right) (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).

Yves Caleb Jr. Charles v. His Majesty the King (40319)

After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evidence and the circumstances in which the statement had been made. The Court of Appeal, for the reasons of Doyon and Cournoyer JJ.A., dismissed the accused’s appeal. Bachand J.A., dissenting, would have allowed the appeal and ordered a new trial, as he was of the view that the out of court statement in issue did not satisfy the threshold reliability requirement for being admitted into evidence. He found that the corroborative evidence was not relevant in analyzing the threshold reliability of the assertion made by the witness concerning the appellant’s conduct and words, and that the circumstances in which the statement had been made did not provide sufficient guarantees of substantive reliability. Argued Date 2024-01-18 Keywords Criminal law — Evidence — Admissibility — Hearsay — Out-of-court statement — Corroborative evidence — Circumstances in which statement made — Whether results of search were considered as corroborative evidence, in accordance with principles enunciated in R. v. Bradshaw, 2017 SCC 35, for purpose of admitting K.A.’s statement into evidence — Whether circumstances of K.A.’s statement provided sufficient guarantees of substantive reliability. Notes (Quebec) (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).

Yves Caleb Jr. Charles v. His Majesty the King (40319)

After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by the witness into evidence as hearsay. In the judge’s view, the statement had features of substantive reliability in light of the corroborative evidence and the circumstances in which the statement had been made. The Court of Appeal, for the reasons of Doyon and Cournoyer JJ.A., dismissed the accused’s appeal. Bachand J.A., dissenting, would have allowed the appeal and ordered a new trial, as he was of the view that the out of court statement in issue did not satisfy the threshold reliability requirement for being admitted into evidence. He found that the corroborative evidence was not relevant in analyzing the threshold reliability of the assertion made by the witness concerning the appellant’s conduct and words, and that the circumstances in which the statement had been made did not provide sufficient guarantees of substantive reliability. Argued Date 2024-01-18 Keywords Criminal law — Evidence — Admissibility — Hearsay — Out-of-court statement — Corroborative evidence — Circumstances in which statement made — Whether results of search were considered as corroborative evidence, in accordance with principles enunciated in R. v. Bradshaw, 2017 SCC 35, for purpose of admitting K.A.’s statement into evidence — Whether circumstances of K.A.’s statement provided sufficient guarantees of substantive reliability. Notes (Quebec) (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).