Summaries Sunday: Supreme Advocacy

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. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (July 14 – August 10, 2018 inclusive).


Criminal Law: Confidential Informer Information
R. v. Brassington, 2018 SCC 37 (37476)

Jurisprudence prevents piercing informer privilege unless the accused can show that his or her innocence is at stake. There is no basis for departing from that rule when the accused is a police officer. Here no evidence of “innocence at stake” was presented, so the police officers herein are not entitled to disclose the information to their lawyers.

Leave to appeal

Charter: Journalist Sources
Denis v. Côté, 2018 QCCA 611 (38114)

When can journalists be forced to disclose sources.

Constitutional Law: Division of Powers
Transport Desgagnés Inc. v. Wärtsilä Canada Inc., 2017 QCCA 1471 (37873)
Does federal or provincial jurisdiction cover a marine engine parts dispute.

Family Law in Québec: Recognition of Foreign Judgments
R.S. v. P.R., 2017 QCCA 1470 (37861)

There is a publication ban in this case, a publication ban on the party, and the Court file contains information not available for inspection by the public, in the context of recognition of a Belgian court decision.

Pensions in Québec: Presumption of Life
Threlfall v. Carleton University, 2017 QCCA 1632 (37893)

Interpretation and application of a “life only” pension.

Tax: Bank Document Disclosure
1068754 Alberta Ltd. v. Agence du revenu du Québec, 2018 QCCA 8 (37999)

Can Québec tax authorities access bank documents in Alberta.

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