Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme 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. (Feb. 13 – Mar. 14, 2014 inclusive).


Criminal Law: Abuse Of Process; Stays
R. v. Babos (Que. C.A., Mar. 14, 2012) (34824) Feb. 21, 2014
There are rare occasions — “the clearest of cases” — when a stay of proceedings for an abuse of process will be warranted (R. v. O’Connor, [1995] 4 S.C.R. 411, at para. 68). These cases generally fall into two categories: 1) where state conduct compromises the fairness of an accused’s trial (the “main” category); and 2) where state conduct creates no threat to trial fairness but risks undermining the integrity of the judicial process (the “residual” category) (O’Connor, at para. 73). In the residual category, cases warranting a stay of proceedings will be “exceptional” and “very rare” (Tobiass, at para. 91). It is only where the “affront to fair play and decency is disproportionate to the societal interest in the effective prosecution of criminal cases” that a stay of proceedings will be warranted (R. v. Conway, [1989] 1 S.C.R. 1659, at p. 1667).

Criminal Law: Drug Couriers
Sekhon v. R. (B.C.C.A., Dec. 19, 2012) (35180) Feb. 20, 2014
Testimony is of no probative value to determine whether an accused knew about cocaine in a hidden MV compartment, and therefore is not to be admitted.


Class Actions In Quebec: Authorization
When can a class action on potential share manipulation be authorized.
Theratechnologies Inc., et al. v. 121851 Canada Inc. (Que. C.A., July 17, 2013) (35550) Feb. 20, 2014

Criminal Law: Firearms Offences
Can something resembling a pistol amount to a firearms offence.
Dunn v. R. (Ont. C.A., Sept. 4, 2013) (35599) Feb. 20, 2014

Tax: Enforcement Proceedings; Solicitor-Client Privilege
When CRA issues a Requirement for information on income & expenses, assets & liabilities, as well as listing current A/R, does solicitor-client privilege extend to divulging client information to CRA.
Minister of National Revenue v. Duncan Thompson (Fed. C.A., Aug. 29, 2013) (35590) Mar. 13, 2014

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