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Commentary

A Clear and Decisive Supreme Court Ruling on Public Interest Standing: Attorney General of British Columbia v. Council of Canadians with Disabilities

by Caitlin Salvino On June 23rd, 2022 the Supreme Court of Canada (SCC) released its decision in Attorney General of British Columbia v. Council of Canadians with Disabilities.[1] This ruling reaffirms the important role of public interest standing in systemic litigation and will have long lasting impacts on future Charter litigation. Public Interest Standing All … Read More

The Curious Case of Section 15 and Courts of First Instance: The Joint Asper Centre, LEAF and West Coast LEAF Intervention in Canadian Council for Refugees, et al. v. Minister of Citizenship and Immigration, et al 

by Caitlin Salvino In the Fall of 2022, the Supreme Court of Canada (SCC) will hear the case Canadian Council for Refugees, et al. v. Minister of Citizenship and Immigration, et al.[1] The David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund (West Coast LEAF), and Women’s Legal Education and Action … Read More

R v Bissonnette: The Supreme Court’s Ruling on the Constitutionality of Consecutive First Degree Murder Sentences

by Caitlin Salvino In R v Bissonnette, released on May 27, 2022, the Supreme Court of Canada (SCC) ruled on the constitutionality of consecutive first degree murder sentences.[1] The SCC held that consecutive first degree murder sentences, authorised under section 745.51 of the Criminal Code (the Code) violates section 12 of the Canadian Charter of … Read More

R v Sullivan, R v Chan and R v Brown: The Supreme Court’s Ruling on the Defence of Extreme Intoxication

by Kathryn Mullins On May 13, 2022 the Supreme Court handed down its unanimous ruling in the related cases of R v Brown,[1] R v Sullivan[2] and R v Chan.[3] The Court declared that s. 33.1 of the Criminal Code, which barred the use of the defence of self-induced intoxication for crimes of general intent, … Read More

Moving Towards Substantive Equality in Sentencing: R v Morris

by: Bailey Fox Introduction In R v Morris, 2021 ONCA 680, the Ontario Court of Appeal (OCA) considered the impact and role of anti-Black racism in sentencing. The Asper Centre intervened in the appeal, specifically on the issue of whether an offender is required to prove a causal link between systemic racism and the offence. … Read More