(PUBLICATION BAN IN CASE)Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an error, but it applied the curative proviso to dismiss his appeal. It held that the right provided...

(PUBLICATION BAN IN CASE)The appellants are members of the Canadian Armed Forces who had various charges laid against them. They each filed a preliminary application in the Court Martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms. They argued that their right was infringed by an order by the Chief of Defence Staff dated...

In 1991, Newfoundland and Labrador reorganized its northeast Avalon municipalities, expanding St. John’s boundaries and triggering a new planning process for St. John’s. The Lynch property and others were zoned as “watershed” because they fall within the Broad Cove River Watershed, which feeds St. John’s municipal water supply. In 2011, the Lynches asked the City what sort of residential, agricultural, forestry or public utility uses the property could be put to. They were informed verbally...

Appellant Ummugulsum Yatar was injured in a motor vehicle accident. Ms. Yatar applied to her insurer, TD Insurance Meloche Monnex (hereafter, “TD”) for housekeeping and home maintenance benefits, as well as income replacement benefits (IRB). TD initially paid those benefits.About a year later, following insurance medical examinations, TD denied Ms. Yatar’s claim for housekeeping and home maintenance benefits. Several months after that, TD denied her IRB claim. Ms. Yatar brought an application...

Bombardier inc. entered into a procurement contract with the respondent branch of the Greek government (HMOD) for ten firefighting amphibious aircraft. There was also an Offsets contract by which Bombardier committed to offset programs inviting Greek suppliers as subcontractors for the work, for a total credited value of 110% of the main contract. Bombardier was to pay up to 10% of this amount as liquidated damages if the Offsets contract was not fulfilled, which was secured by a letter of...

In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe. The initial agreed-upon sum was paid and an Order-in-Council declared them ratified and confirmed. In 1875, the annuity was increased to $4 (£1)...

A corporate taxpayer requested that the Minister of National Revenue exercise her discretionary power under s. 247(10) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”) to adjust the value of a non-arm’s length transaction downward, which would, in turn, reduce the amount of the taxpayer’s assessment. The Minister declined to do so. The taxpayer wished to challenge the Minister’s decision, but it was unclear whether the Tax Court or Federal Court had jurisdiction to do so. The...

In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe. The initial agreed-upon sum was paid and an Order-in-Council declared them ratified and confirmed. In 1875, the annuity was increased to $4 (£1)...

(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)A journalist with the CBC made an application under the Act for disclosure of the mandate letters addressed from the Premier of Ontario to each minister setting out’s the Premier’s policy priorities for the minister’s mandate. The Cabinet Office opposed the disclosure on the basis of s. 12(1) of the Act, the introductory language of which provides that a government head shall refuse to disclose a record where the disclosure...

(PUBLICATION BAN)After a trial in the Court of Québec, the respondent, Olivier Chatillon, was convicted of one count of sexual assault of a child. The trial judge held that the prosecution’s case could be based on the admissions made to the professionals who had assessed him, although he had met with them during an entirely voluntary therapeutic process to receive treatment for problems associated with substance abuse and sexual deviance. The Court of Appeal, for the reasons given by Vauclair...

(PUBLICATION BAN IN CASE)Following a judge-alone trial, the appellant, Mr. Hay, was acquitted of one count of sexual assault under s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The appellant conceded that the complainant did not consent to anal intercourse on September 13, 2019. The only issue on appeal was whether Mr. Hay had an honest but mistaken belief in the complainant’s communicated consent. Following a s. 276 voir dire, the trial judge admitted evidence of a previous sexual...

(PUBLICATION BAN IN CASE)The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of Appeal allowed the respondent’s appeal, set aside the conviction, and ordered a new trial. Argued Date 2023-05-18 Keywords Criminal law - Trial -...

(PUBLICATION BAN IN CASE)An accused was charged with several offences. Before the jury selection process began, a ban on publication was imposed on all pre-trial applications in the proceedings pursuant to s. 648(1) of the Criminal Code. A consortium of major media outlets applied to have the ban clarified and declared applicable only after the jury is empaneled. The motion judge dismissed the application. Argued Date 2023-05-17 Keywords Criminal law - Publication bans - Criminal law —...

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)The respondent Frédérick Silva was charged with four counts of murder and one count of attempted murder based on incidents that occurred on February 21, 2017, and December 20, 2018. On November 22, 2019, the prosecution laid five charges by direct indictment. On August 2 and October 15, 2021, respectively, the Superior Court dismissed Mr. Silva’s motion for a stay of proceedings and Garofoli motion. It also made orders under s. 648(1) of the...

The appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, who conducted a traffic stop of Mr. Zacharias’ truck, had reasonable suspicion to enter into an investigative detention and deploy a sniffer dog. The trial judge found that the initial investigative detention and the sniffer dog search were...

The respondent, the Association des cadres de la Société des casinos du Québec (Association), was formed in 1997 under the Professional Syndicates Act, CQLR, c. S-40. Seventy percent of the operations supervisors assigned to the gaming tables at Casino de Montréal are members of the Association. The supervisors are the fifth level of management and are front-line managers at the appellant employer, Société des casinos du Québec inc. (Société). The Société is a subsidiary of the Société des...

(PUBLICATION BAN IN CASE)The respondent pleaded guilty to a charge of sexual interference committed against a minor under the age of 16 between August 1, 2013 and July 19, 2015. During that period, he and the complainant had full sexual intercourse four times. He also pleaded guilty to a charge of child luring arising from interaction with the complainant on social media between February 25 and September 13, 2015. The trial judge sentenced the respondent to imprisonment for 10 months on the...

On December 24, 2015, the appellant was charged with crimes relating to the shooting of two individuals. The appellant’s jury trial for second degree murder, attempted murder and assorted firearm charges was scheduled to commence on November 5, 2018. However, it was adjourned to October 28, 2019. The appellant applied for a stay of proceedings for violation of his right to be tried within a reasonable time under s. 11(b) of the Charter. The trial judge dismissed his application holding that,...

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”)....

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”)....

(PUBLICATION BAN)The respondent was convicted of sexual assault and sexual interference, two offences perpetrated on the complainant when she was between six and eight years old. The convictions were based on the complainant’s unsworn, videotaped police statement, which the trial judge admitted into evidence by application of the principled exception to the hearsay rule, based on the requirements of necessity and threshold reliability. A majority of the Court of Appeal allowed the...