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Supreme Court of Canada

Trial by military: Spotlight on R v Beaudry

by Teodora Pasca Years ago, Corporal R. P. Beaudry was charged with sexual assault causing bodily harm, an offence under s 272 of the Criminal Code carrying a maximum penalty of 14 years’ imprisonment. Beaudry, a member of the Canadian Armed Forces, requested a jury trial. And because he was a member of the Forces, his request was denied.    … Read More

R v Bird: Do Not “Breach First, Challenge Later”

by Sahil Kesar Spencer Bird (“Bird”), a long-term offender, was charged with breaching the conditions of a community supervision order prescribed by the Parole Board. At the criminal proceeding, he sought to use the defence that the order which imposed his parole conditions was unconstitutional as they violated Section 7 of the Charter. He argued … Read More

Frank v Canada: Contrasting the Section 1 Analyses

By: Sahil Kesar and Jasmit De Saffel On January 11, 2019 the Supreme Court issued its decision on the constitutional challenge to provisions of the Canada Elections Act detailing residence requirements for voting in federal elections. The provisions in question denied the right to vote in federal elections to Canadian citizens residing abroad for five consecutive … Read More

Supreme Court Moves Voting Rights into Globalization Era in Frank Decision

by Jasmit de Saffel In its first decision of the year, the Supreme Court of Canada sided with Canadian ex-pats in a case about their voting rights. Chief Justice Wagner held that “citizenship, not residence, defines our political community and underpins the right to vote” (para 35). Frank v Canada had been initiated by two … Read More

Dunsmuir Revisited: Questioning the Standard of Review

by Catherine Ma Earlier this month, the Supreme Court of Canada heard the appeals in Minister of Citizenship and Immigration v Alexander Vavilov, Bell Canada et al v Attorney General of Canada, and National Football League et al v Attorney General of Canada. The Supreme Court explicitly declared that these cases offered “an opportunity to consider … Read More