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, Oral Judgments and Leaves to Appeal granted from February 6 – March 12, 2021 inclusive.

Appeals

Criminal Law: Jury Selection Process; Curative Proviso
R. v. Esseghaier, 2019 ONCA 672; 2021 SCC 9 (38861)

The curative proviso in s. 686(1) (b)(iv) can be applied to cure jury selection errors, as here where both statutory requirements in s. 686(1) (b)(iv) are met: (1) the trial court had jurisdiction over the class of offence, as the offences at issue were indictable and the Ontario Superior Court of Justice has jurisdiction over all indictable offences; and (2) there was no prejudice to the accused.

Criminal Law: Inconsistent Verdicts
R. v. R.V., 2019 ONCA 664; 2021 SCC 10 (38854)

The Crown can seek to reconcile apparently inconsistent verdicts by showing, to a high degree of certainty, an acquittal was the product of a legal error in the jury instructions, the legal error did not impact the conviction, and the error reconciles the inconsistency by showing the jury did not find the accused both guilty and not guilty of the same conduct. If the Crown discharges that burden, appellate intervention is not warranted because the verdicts are not actually inconsistent and therefore not unreasonable on the basis of inconsistency.

Oral Judgments

Criminal Law: Sexual Offences
R. v. W.O., 2020 ONCA 392; 2021 SCC 8 (39245)

Côté J.: “We are all of the view that the appeal should be dismissed, substantially for the reasons of Hoy A.C.J.”

Leaves to Appeal Granted

Criminal Law: Admissibility of Witness Statement
R. v. Tessier, 2020 ABCA 289 (39350)

Is a witness statement admissible herein.

Criminal Law: Mandatory Minimums
Hills v. R., 2020 ABCA 263 (39338)

Is the mandatory minimum here constitutionally valid.

Criminal Law: Mandatory Minimums
R. v. Hilbach, 2020 ABCA 332 (39438)

Is the mandatory minimum here constitutional.

Criminal Law: Right to Counsel
R. v. Dussault, 2020 QCCA 746 (39330)

Was right to counsel infringed here.

Criminal Law: Sexual Offences
R. v. J.F., 2020 QCCA 666 (39267)

There is a publication ban in this case, in the context of a series of alleged sexual offences.

Professions: Discipline
Law Society of Saskatchewan v. Abrametz, 2020 SKCA 81 (39340)

Alleged professional misconduct; delayed.