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 S.C.C. will soon be dealing with) (Jan. 7 – Feb. 11, 2015 inclusive).

Appeals

Criminal Law: Money Laundering
Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7 (35399)
Federal proceeds of crime/money laundering/terrorist financing legislation (including regulations) “interfere with the lawyer’s duty of commitment to the client’s cause”contrary (viz-a-viz lawyers) ss. 7 & 8 of the Charter, not saved under s. 1.

Criminal Law: Third Party Suspect Evidence; Similar Fact; Role of Trial Judge as Evidentiary Gatekeeper
R. v. Grant, 2015 SCC 9 (35664)
Known third party suspect evidence and similar fact evidence tests not be stretched beyond particular circumstances they were designed to address. First principles governing admissibility of evidence properly balance the competing interests. Trial judges to determine (‘air of reality’ test) if evidence is logically relevant to an available defence ― one that can be put to the jury.

Employment Law: Constructive Dismissal
Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 (35422)
Not necessary to articulate a rigid framework for determining whether a particular administrative suspension is wrongful, because approach and factors depends on the nature and circumstances of the suspension. Overriding question is whether suspension was reasonable and justified, but certain factors, always relevant: duration of suspension, whether suspension with pay, good faith on employer’s part, including demonstration of legitimate business reasons.

Oral Judgments

Criminal Law: Refusal to Blow
R. v. Goleski, 2014 BCCA 80 (35862) 2015 SCC 6
Section 794(2) properly interpreted, imposes a persuasive burden on the accused to prove an “exception, exemption, proviso, excuse or qualification prescribed by law”.

Criminal Law: Sexual Assault
R. v. Perrone, 2014 MBCA 74 (36021) Judgment rendered Feb. 20, 2015
The Chief Justice: “We are all of the view that the appeal must be dismissed. We agree with Justice Monnin of the Court of Appeal, for the majority, when he stated at para. 48: I am of the view that the trial judge, through her reasons, has confirmed that she assessed both the credibility and reliability of the witness taking into account the areas of concerns which she outlined. The appeal is therefore dismissed.”

Leaves to Appeal

Criminal Law: Cheating; Fraud
R. v. Riesberry, 2014 ONCA 744 (36179)
What conduct fits within the criminal definition of cheating/fraud.