The State Is Not Immune: The Supreme Court Affirms that Crown Can be Held Liable in Damages for Unconstitutional Laws

by Vlad Mirel, with Neil Abraham and Megan Stephens In a 5-4 split, the Supreme Court of Canada in Canada (Attorney General) v. Power held that damages may be awarded … Read More

R v Sharma: Supreme Court of Canada upholds legislation limiting conditional sentences despite Indigenous over-incarceration concerns

by Kailyn Johnson In a 5-4 split, the Supreme Court of Canada upheld the constitutionality of sections 742.1(c) and 742.1(e)(ii) of the Canadian Criminal Code (R v Sharma, 2022 SCC 39 at paras … 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 … 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] … Read More

Constitutional Roundtable on City of Toronto et al v Ontario

by: Bailey Fox On Tuesday November 9, 2021 the Asper Centre hosted a constitutional roundtable panel on the Supreme Court’s recent decision in City of Toronto et al v Ontario, … Read More