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, Supreme Advocacy Letter, to which you may subscribe.

Summary of all appeals and leaves to appeal granted, so you know what the SCC will soon be dealing with (July 10 – August 12, 2015 inclusive).

Appeals

Charter (Québec): Discrimination; Two-Step Process
Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (35625) July 23, 2015

The context here and the fact racial profiling is prohibited form of discrimination does not change the two-step process re a complaint under the Québec Charter. It was not here shown on a balance of probabilities a connection between a prohibited ground of discrimination and the decision to deny the training request — but that does not mean one can blindly comply with a discriminatory decision of a foreign authority without liability.

Criminal Law: Colour of Right Defence
R v. Simpson, 2015 SCC 40 (35971) July 30, 15

The onus is on the accused to show an “air of reality” to the asserted defence — is there some evidence on which a trier of fact, properly instructed and acting reasonably, could be left in reasonable doubt about colour of right. The evidential burden of showing an air of reality is lower than the persuasive burden of establishing s. 8 is engaged; and to engage s. 8, an accused has to go one step further — show this expectation was objectively reasonable.

Criminal Law: Post-Offence Conduct
R. v. Rodgerson, 2015 SCC 38 (35947) July 17, 15

Errors in jury instructions (concealment and clean-up; accused’s flight from and lies to police) necessite a new trial. The Court also indicated their “concerns” about the proliferation of long and unnecessarily complex jury charges; “… taming the unchecked expansion of jury charges is not merely advisable — it is a legal necessity.”

Tax: Characterization of Penalties/Proceedings
Guindon v. Canada, 2015 SCC 41 (35519) July 31, 15

Proceedings under s. 163.2 are administrative not criminal, so the Appellant herein is not a person “charged with an offence”, and protections under s. 11 of the Charter do not apply.

Leaves to Appeal Granted

 Creditor/Debtor: PIPEDA
Royal Bank of Canada v. Trang, 2014 ONCA 883 (36296) July 16, 2015

How does PIPEDA apply in a commercial litigation context (here, a mortgage recovery action in which a Sheriff required a mortgage discharge statement before selling).