Video Archive

02:19:40

Supreme Court Hearings

His Majesty the King v. Thi Huyen Nguyen, et al.

Must property included for forfeiture under s. 462.37(2) of the Criminal Code and s. 16(2) of the Controlled Drugs and Substances Act be related to the offence of conviction? Does a stay of proceedings prevent the prosecutor from proving the facts forming the basis of the charges in a motion for forfeiture of offence-related property or proceeds of crime?

02:06:29

Supreme Court Hearings

Patrick Street Holdings Limited v. 11368 NL Inc.

Did the majority of the Court of Appeal err in law in finding that res judicata may be raised for the first time on appeal? Were the requirements of res judicata satisfied? Was the doctrine of abuse of process through re-litigation applied beyond permissible limits? Does reliance by the purchaser on a collateral mortgage constitute abuse of process?

02:36:30

Supreme Court Hearings

Glen L. Resler, in his capacity as Chief Electoral Officer v. Joseph V. Anglin

Can the respondent maintain an action in tort for misfeasance in public office? Can an unsuccessful candidate bring a claim against the Chief Electoral Officer for his loss in an election?

01:51:20

Supreme Court Hearings

Deborah Carol Riddle v. ivari

What proof of return is required to annul a declaratory judgment of death? Must an application by a third party to annul a declaratory judgment of death be served on the person declared to be deceased?

02:39:00

Supreme Court Hearings

Pharmascience Inc. v. Janssen Inc., et al.

Is the patent invalid on the basis that it claims an unpatentable method of medical treatment? Does the way physicians treat their patients, including the dosing regimens they prescribe, constitute non-patentable subject matter, and should this remain unchanged?

02:26:45

Supreme Court Hearings

His Majesty the King, et al. v. B.F., et al

Can the victim of a crime also be a principal offender? Can an accused be held liable as a party to an offence without a principal offender being found guilty? Did the trial judge err by failing to instruct the jury on the scenario presented by counsel for B.F.? Were the jury instructions misleading to the point of constituting a legal error? Did the jury instructions raise a reasonable apprehension of bias? Was the suicide pact defence available on the evidence? Did the Court of Appeal err in its approach to the issue of causation? Did the Court of Appeal incorrectly require additional elements to be satisfied for an act that may assist suicide to also constitute murder?

02:15:30

Supreme Court Hearings

His Majesty the King v. David Carignan

Does s. 495(2) of Criminal Code modify the peace officer’s power to arrest person without warrant? Does section 495(3) of Criminal Code excuse non compliance with section 495(2)? Did the Court of Appeal err in finding that the trial judge had erred in summarily dismissing a motion alleging that the arrest was unlawful due to non-compliance with section 495(2)?

01:37:19

Supreme Court Hearings

His Majesty the King v. Sharon Fox

Should the evidence obtained through breaches of section 8 of the Charter have been excluded? / 00302183 Was the respondent’s right to make full answer and defence breached by not having access to the full recording of a phone call protected by solicitor-client privilege? / 00302185

00:39:00

Supreme Court Hearings

S.A. v. His Majesty the King

How should delay caused by a judicial vacancy be treated under section 11(b) of the Charter?

02:46:20

Supreme Court Hearings

Attorney General of Quebec v. Bijou Cibuabua Kanyinda P2

Does section 3 of the Reduced Contribution Regulation infringe the right to equality guaranteed by section 15(1) of the Canadian Charter of Rights and Freedoms? If so, is the infringement justified under section 1 of the Canadian Charter of Rights and Freedoms? If section 3 of the Reduced Contribution Regulation unjustifiably infringes section 15(1) of the Charter, what is the appropriate remedy?

01:56:39

Supreme Court Hearings

Attorney General of Quebec v. Bijou Cibuabua Kanyinda

Does section 3 of the Reduced Contribution Regulation infringe the right to equality guaranteed by section 15(1) of the Canadian Charter of Rights and Freedoms? If so, is the infringement justified under section 1 of the Canadian Charter of Rights and Freedoms? If section 3 of the Reduced Contribution Regulation unjustifiably infringes section 15(1) of the Charter, what is the appropriate remedy?

03:39:00

Supreme Court Hearings

Frank Dorsey and Ghassan Salah v. Attorney General of Canada

Is the denial of reclassification and transfer to a lower-security institution a deprivation of residual liberty that is reviewable by way of habeas corpus?

02:36:30

Supreme Court Hearings

Tony Rousselle and Stéphane Larocque v. His Majesty the King

2 cases: Tony Rousselle v. His Majesty the King and Stéphane Larocque v. His Majesty the King Did the Court of Appeal err in its interpretation of s. 320.31(1)(a) of the Criminal Code? / 00300904 Did the Court of Appeal err in finding that the Crown could prove the alcohol standard was certified by an analyst through the hearsay evidence of a qualified technician? Was the Crown required to prove the target value of the alcohol standard used in the calibration check of the breathalyser device? Is proof of the target value of the alcohol standard necessary for the Crown to rely on the presumption of accuracy under s. 320.31(1)(a) of the Criminal Code? Does evidence from a qualified technician, or a Certificate of Qualified Technician, constitute hearsay? Is evidence from a qualified technician sufficient to satisfy s. 320.31(1)(a), requiring calibration results within 10% of an alcohol standard certified by an analyst?

01:33:15

Supreme Court Hearings

His Majesty the King v. Paul Sheppard

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?

00:51:55

Supreme Court Hearings

Buddy Ray Underwood v. His Majesty the King

Did the Court of Appeal err in law by concluding that the appellant's actions met the elements of sections 231(2) and 231(5)(e) of the Criminal Code? Did the Court of Appeal err in law in upholding the appellant’s conviction for first-degree murder?

01:24:55

Supreme Court Hearings

CCLA, et al. v. His Majesty the King in Right of Newfoundland and Labrador

In this specific incident, were the travel restriction orders—issued by the Chief Medical Officer of Health to limit the spread of COVID-19—unconstitutional? Did the travel restriction orders violate section 6(1) of the Canadian Charter of Rights and Freedoms? Did the travel restriction orders violate section 6(2)(a) of the Charter of Rights and Freedoms? Can a violation of section 6 be justified under section 1 of the Charter of Rights and Freedoms? Was the Court of Appeal correct in rejecting the appeal as moot?

02:02:45

Supreme Court Hearings

CCLA, et al. v. His Majesty the King in Right of Newfoundland and Labrador

In this specific incident, were the travel restriction orders—issued by the Chief Medical Officer of Health to limit the spread of COVID-19—unconstitutional? Did the travel restriction orders violate section 6(1) of the Canadian Charter of Rights and Freedoms? Did the travel restriction orders violate section 6(2)(a) of the Charter of Rights and Freedoms? Can a violation of section 6 be justified under section 1 of the Charter of Rights and Freedoms? Was the Court of Appeal correct in rejecting the appeal as moot?

01:08:29

Supreme Court Hearings

Amari Donawa v. His Majesty the King

Does the definition of a “firearm” under s. 2 of the Criminal Code always dispense with proof of the availability of a functional magazine? Did the Court of Appeal for Ontario err in finding that the trial judge had failed to consider all of the evidence in relation to the ultimate issue of guilt or innocence?

01:29:00

Supreme Court Hearings

Shamar Meredith and Thulani Chizanga v. His Majesty the King

Did the trial judge err in admitting prior discreditable conduct as evidence of the appellant’s and co-accused’s involvement in a joint enterprise to kill the victim? Did the trial judge err in admitting prior discreditable conduct evidence after the appellant and co-accused offered admissions negating its probative value? Did the trial judge err in instructing the jury on the permitted and prohibited uses of the prior discreditable conduct and fail to mitigate prejudice to the appellant and co-accused?

00:51:00

Supreme Court Hearings

P.B. v. His Majesty the King

Did the trial judge err by failing to provide sufficient reasons for assessing the credibility and reliability of the complainant’s flashback-based testimony? Did the trial judge err by failing to identify and apply the correct approach to assessing the reliability of recovered memory evidence based on flashbacks?