Summaries Sunday: Supreme Advocacy

On the second Sunday in each month we bring you a summary fromSupreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (April 11 – May 8, 2013).


Criminal Law: Parties to an Offence 

R. v. Lévesque (Que. C.A., June 7, 2011)(34417) April 16, 2013
LeBel J.: [translation] “The [trial] judge … gave, in response to a specific question from the jury on being an accessory and being a party to an offence, additional instructions that were incomplete and confusing … the nature of the charges … raises the question whether it would be possible to base a conviction for first degree murder on the accused being a party to the offence within the meaning of s. 21(2) ... the appeal is allowed, the verdict of guilty is set aside, and the Court orders … a new trial … in respect of the same charges.”

Criminal Law: Conspiracy 

R. v. Murphy (N.S. C.A., Sept. 6, 2012)(34980) April 16, 2013
LeBel J.: “… the verdict was not unreasonable. The appeal is dismissed.”

Extradition (To Canada)

R v. E.F.M. (N.S.C.A., Dec 8, 2011)(34650) April 22, 2013.
The Chief Justice: “… the right of the accused to be tried within a reasonable time was violated. The appeal accordingly is dismissed.”


Criminal Law: Concealing Dead Body of a Child 

R. v. Levkovic (Ont. C.A., Dec. 07, 2010)(34229) May 3, 2013
S. 243 Criminal Code is not unconstitutional for vagueness; and, evidence that a child would likely be born alive is enough for a conviction.

Criminal Law: Reasonableness of Verdict Based on Jury’s Assessment of Witness Credibility 

R. v. W.H. (N.F. & L. C.A., September 14, 2011)(34522) April 19, 2013
A jury’s guilty verdict based on the jury’s assessment of witness credibility is not immune from appellate review for reasonableness, but, the reviewing court must treat the verdict with great deference; the court must ask itself whether the jury’s verdict is supportable on any reasonable view of the evidence and whether proper judicial fact-finding applied to the evidence precludes the conclusion reached by the jury [emphasis in original]. The C.A. cannot ask itself instead whether an experienced trial judge could give adequate reasons to explain the finding of guilt.


Airlines: Official Languages 

What is the status of language complaints against Air Canada.
Thibodeau, et al. v. Air Canada, et al. (Fed. C.A., Sept. 25, 2012)(35100) May 2, 2013

Constitutional Law: Res Judicata 

Does res judicata exist legislatively and constitutionally.
A.G. Can. v. Confédération des syndicats nationaux, et al. (Que. C.A., October 10, 2012)(35124) May 2, 2013

Criminal Law: (Alleged) Ineffective Assistance of Counsel
There is a publication ban in this case, in the context of conviction for a series of ‘historical’ sexual offences.
W.E.B. v. R. (Ont. C.A., Nov. 14, 2012)(35089) May 2, 2013

Civil Procedure in Quebec: Mediation; ‘Homologation’

What did the settlement cover, and can mediation/settlement negotiations be later used as evidence at trial.
Union Carbide Canada Inc., et al. v. Bombardier inc., et al. (Que. C.A., July 17, 2012)(35008) April 11, 2013

Class Actions in Quebec: Banking; Foreign Exchange

Did various banking institutions fail to disclose foreign exchange conversion charges on credit cards as a “credit charge”.
Banque de Montréal, et al. v. Marcotte, et al. (Que. C.A., Aug. 2, 2012)(35009) April 11, 2013

Class Actions in Quebec: Banking; Foreign Exchange

Similar summary to that immediately above.
Marcotte v. Fédération des caisses Desjardins du Québec (Que. C.A., Aug. 2, 2012) (35018) April 11, 2013

Class Actions in Quebec: Banking; Foreign Exchange

Similar summary to that immediately above.
Amex Bank of Canada v. Adams, et al. (Que. C.A., Aug. 2, 2012)(35033) April 11, 2013

Criminal Law: ‘Mr. Big’ 

There is a sealing order in this case, in the context of a ‘Mr. Big’ sting.
D.R.M. v. R. (Alta. C.A., Feb. 27, 2012)(35093) April 11, 2013

Criminal Law: Parole

Is the Abolition of Early Parole Act constitutional.
A.G. Can., et al. v. Christopher John Whaling, et al. (B.C.C.A., Nov. 2, 2012)(35024) April 11, 2013

Criminal Law: Pre-Sentence Custody

Should an accused be credited at a ratio of 1.5 days for every day in pre-sentence custody.
R. v. Carvery (N.S. C.A., Oct. 3, 2012)(35115) April 11, 2013

Transportation Law: Railways; Orders-In Council

There is a sealing order in this case, in the context of a confidential contract with regard to freight rate fuel surcharges, and orders-in-council.
C.N., et al. v. A.G. Can., et al. (Fed. C.A., Nov. 2, 2012)(35145) April 11, 2013

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