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. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (April 14 – May 11, 2016 inclusive).


Aboriginal Law: Métis & Non-Status Indians
Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12 (35945)

Non-status Indians and Métis are “Indians” under s. 91(24) and can turn to the federal government. Federal jurisdiction over Métis and non-status Indians does not mean all provincial legislation re same is inherently ultra vires.

Criminal Law: Mandatory Minimums
R. v. Lloyd, 2016 SCC 13 (35982)

The one-year mandatory minimum sentence for a controlled substances offence, while permitting constitutional sentences in a broad array of cases, will sometimes mandate sentences violating the constitutional guarantee against cruel and unusual punishment. Where the law requires a one-year sentence, it violates the guarantee against cruel and unusual punishment in s. 12 and is not justified under s. 1.

Criminal Law: Enhanced Credit for Pre-Sentence Custody
R. v. Safarzadeh-Markhali, 2016 SCC 14 (36162)

Removing a sentencing court’s discretion to give any enhanced credit to offenders for pre-sentence custody, if denied bail primarily on the basis of criminal record, violates the right to liberty guaranteed by s. 7, and is not justified under s. 1.

Criminal Law: Wiretaps; Third Party Production Orders
World Bank Group v. Wallace, 2016 SCC 15 (36315)

The World Bank Group posited that documents ordered produced by the trial judge are immune from production, and also not relevant on a “Garofoli application”. The S.C.C. agreed.

Mortgages: Interest Rate
Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18 (36123)

Rate increases triggered by the passage of time alone do not infringe the federal Interest Act. Rate increases triggered by default do.

Real Property: What Runs with the Land
Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19 (36301)

An “Incentive Payment” is not an interest in land (and therefore cannot run).

Leaves to Appeal Granted

Charter: Voting Rights
Frank v. Attorney General of Canada, 2015 ONCA 536 (36645)

Can Canadian citizens living and working in the U.S. vote in Canada, when they intend to return to Canada circumstances permitting.

Criminal Law: Bail
Her Majesty the Queen in Right of Canada v. K.A., 2015 ONSC (36783)

There is a publication ban in this case, in the context of an accused not residing within 200km of place of custody.

Criminal Law: Telewarrant Validity
R. v. Clark, 2015 BCCA 488 (36813)

When are telewarrants (here to investigate electricity theft supporting a grow-op) valid.

Immigration: Inadmissibility For “Serious Criminality”
Canada (Public Safety and Emergency Preparedness) v. Tran, 2015 FCA 237 (36784)

When are refugees inadmissible for “serious criminality”.

Criminal Law: Parole
Attorney General of Canada, Parole Board of Canada v. Way, 2015 QCCA 1576 (36746)

Can the mandatory oral hearing held by the Parole Board for reviews following the suspension, termination or revocation of parole or statutory release be constitutionally eliminated.

Contracts in Québec: Renewal Clauses; Injunctions
Uniprix inc. v. Gestion Gosselin et Bérubé inc., 2015 QCCA 1427 (36718)

When can renewal clauses be triggered.

Professions in Québec: Individual or Association Appeal Rights
Attorney General of Quebec v. Guérin, 2015 QCCA 1726 (36775)

Is it the professional individually or the professional association who appeals a professional fee dispute.

Torts: Proving Psychological Injury
Saadati v. Moorhead, 2015 BCCA 393 (36703)

What are the evidentiary options to prove a psychological injury.

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