Supreme Court of Canada Hearings (Floor Audio)

01:22:46

His Majesty the King v. S.S. (40147)

Supreme Court of Canada Hearings (Floor Audio) ·

2023/01/10

(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 respondent’s

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03:24:40

Attorney General of Québec, et al. v. Attorney...

Supreme Court of Canada Hearings (Floor Audio) ·

2022/12/08

By Order in Council 1288 2019 of December 18, 2019, the Quebec government submitted the following question to the Quebec Court of Appeal: Is An Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24, ultra vires the Parliament of Canada under the Constitution of Canada? The Court of Appeal answered that the Act, which came into force on January 1, 2020, is constitutional, except for ss. 21 and 22(3), which are not. It found that the pith and substance of the Act

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04:05:49

Attorney General of Québec, et al. v. Attorney...

Supreme Court of Canada Hearings (Floor Audio) ·

2022/12/07

By Order in Council 1288 2019 of December 18, 2019, the Quebec government submitted the following question to the Quebec Court of Appeal: Is An Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24, ultra vires the Parliament of Canada under the Constitution of Canada? The Court of Appeal answered that the Act, which came into force on January 1, 2020, is constitutional, except for ss. 21 and 22(3), which are not. It found that the pith and substance of the Act

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58:41

Mikerlson Vernelus v. His Majesty the King (40072)

Supreme Court of Canada Hearings (Floor Audio) ·

2022/12/06

After a trial in the Court of Québec, the appellant, Mikerlson Vernelus, was convicted of possession of a firearm and breach of a recognizance. A vehicle with the appellant and two other individuals in it had been stopped by the police and the appellant had been arrested for possession of cannabis. During the search incident to the arrest, the police had found a firearm in a bag belonging to the appellant. Testing of that weapon had found DNA only from the vehicle’s other occupant. The trial judge

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02:10:54

James Allan Anderson v. Diana Anderson (39884)

Supreme Court of Canada Hearings (Floor Audio) ·

2022/12/05

The parties were married for three years. Both parties came into the marriage with considerable assets, including houses, vehicles, items of personal property, RRSPs, savings and pensions. Shortly after the parties separated, the respondent invited the applicant to a reconciliation meeting with mutual friends. At the end of the meeting, the respondent presented the applicant with a separation agreement she had drawn up. Neither party received independent legal advice, but they both signed the

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55:50

His Majesty the King v. David Edward Furey (40038)

Supreme Court of Canada Hearings (Floor Audio) ·

2022/12/02

The respondent, David Edward Furey, was convicted of breaking and entering into a dwelling, assault with a weapon, assault causing bodily harm, possession of a knife for a purpose dangerous to the public peace, and breach of an undertaking. At trial, the judge admitted, for the truth of its contents, a videotaped out of court statement given by one of the complainants, who subsequently died of unrelated causes. The statement was given to the police soon after the altercations. A majority of the

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56:06

D.R. v. His Majesty the King (40039)

Supreme Court of Canada Hearings (Floor Audio) ·

2022/12/01

(PUBLICATION BAN) At trial, the appellant was acquitted of sexual interference, invitation to sexual touching and sexual assault respecting the complainant, a person under the age of 16 years. A majority of the Court of Appeal of Newfoundland and Labrador allowed the Crown’s appeal and ordered a new trial. It held that the trial judge engaged in impermissible stereotypical reasoning when assessing the complainant’s credibility by relying on the stereotypes that a victim could not be happy to see her

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01:01:25

Ryan David Clark v. His Majesty the King (40090)

Supreme Court of Canada Hearings (Floor Audio) ·

2022/11/30

Before the Saskatchewan Court of Queen’s Bench, the appellant, Ryan David Clark, was convicted by a jury of second degree murder. The main issue at trial was the identity of the person who had beaten the deceased to death. On appeal, Mr. Clark argued that the trial judge erred by failing to address the frailties of eyewitness evidence in his instructions to the jury, particularly with regard to in-court identification by two witnesses. He also argued that the trial judge erred by allowing other

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03:19:26

Earl Mason, et al. v. Minister of Citizenship and...

Supreme Court of Canada Hearings (Floor Audio) ·

2022/11/29

Section 34(1)(e) of Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”) provides that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada”. The Minister alleged that both appellants were foreign nationals who were inadmissible under s. 34(1)(e) of the IRPA. The issue before the Immigration Board and the Immigration Appeal Division was whether s. 34(1)(e)

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01:42:16

Jennifer Basque v. His Majesty The King (39997)

Supreme Court of Canada Hearings (Floor Audio) ·

2022/11/08

The appellant was charged with operating a motor vehicle with a blood-alcohol concentration that exceeded eighty milligrams of alcohol in one hundred milliliters of blood. The appellant was released from custody on an undertaking, a condition of which was that she would not operate a motor vehicle. The appellant spent the 21 months that elapsed between her initial appearance and sentencing under a driving prohibition as a condition of her release. The Provincial Court sentencing judge imposed a

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01:42:52

Yves Des Groseillers, et al. v. Agence du revenu du...

Supreme Court of Canada Hearings (Floor Audio) ·

2022/11/03

The appellants, Yves Des Groseillers and BMTC Group Inc., appealed assessments made by the respondent, the Agence du revenu du Québec (“ARQ”). In the course of tax audits, the ARQ added amounts to Mr. Des Groseillers’s taxable income as additional employment income. Those amounts represented the total value of the stock options donated by Mr. Des Groseillers to registered charities, for which he had claimed tax credits. The ARQ therefore added the amounts to BMTC’s payroll as well. The Court of

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02:17:00

Deans Knight Income Corporation v. His Majesty the...

Supreme Court of Canada Hearings (Floor Audio) ·

2022/11/02

Prior to the transactions at issue, the appellant, Deans Knight Income Corporation, was a Canadian public corporation that had approximately $90 million of unused non-capital losses and other deductions. It sought to realize the value of these tax attributes and entered into an agreement with a corporation that had expertise in arranging such transactions. From 2009 to 2012, the appellant deducted a majority of its tax attributes to reduce its tax liability. Following the issuance of reassessments

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02:06:36

His Majesty the King v. Walker McColman (39826)

Supreme Court of Canada Hearings (Floor Audio) ·

2022/11/01

The respondent was driving a vehicle, had exited the public highway, and was on private property when the police officer approached him. The officer testified that they did not see any signs of impairment prior to stopping the respondent and there was nothing unusual about his driving. The officer explained that they were exercising their authority to conduct random sobriety checks pursuant to s. 48(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8. At the stop, the officer spoke to the respondent,

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