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 (March 30 – April 19, 2019 inclusive).


Aboriginal Law/Civil Procedure: Class Actions; Judicial Supervision
J.W. v. Canada (Attorney General), 2019 SCC 20 (37725)

In overseeing administration and implementation of this Agreement, courts have a duty to ensure the claimants receive the benefits bargained for by supervising the Agreement to ensure that implementation and administration take place in the way the parties agreed.

Class Actions: Consumer & Business Customers
TELUS Communications Inc. v. Wellman, 2019 SCC 19 (37722)

Because of the Consumer Protection Act, the arbitration clause here is invalid to the extent it would otherwise prevent class members who qualify as “consumers” from commencing or joining this class action, shielding consumers from a stay under the Arbitration Act, so they are free to pursue their claims in court. Business customers do not benefit from these protections.

Criminal Law: Appeals as of Right
R. v. D’Amico, 2019 SCC 23 (38512)

In response to a Motion to Quash, the S.C.C. (9:0) ordered as follows: A dissent within the meaning of s. 691(1) (a) of the Criminal Code means a disagreement which affects the result; here, Vauclair J.A.’s disagreement did not go to the result and is better characterized as a concurring opinion or an opinion concurring in the result.

Criminal Law: Child Luring
R. v. Mills, 2019 SCC 22 (37518)

The accused here had no reasonable expectation of privacy in communicating with a police officer posing (online) as a 14-year old girl. Since s. 8 of the Charter is not engaged, it follows that the sting did not require prior judicial authorization.

Leaves to Appeal Granted

Languages: Minority Rights
Conseil scolaire francophone de la Colombie-Britannique v. British Columbia (Education), 2018 BCCA 305 (38332)

Is B.C.’s alleged failure to adequately fund a transportation program an infringement of minority language education rights.

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