Tag Archives: Supreme Court of Canada

Flashback: R v Sinclair 2010 SCC 35

Key Takeaways: Section 10(b) of the Charter of Rights and Freedoms, the right to counsel, does not require the presence of defence counsel throughout a police interrogation. In most cases, an initial warning that the detainee can consult with a lawyer, coupled with a reasonable opportunity to do so, satisfied their s. 10(b) rights. However,Continue reading “Flashback: R v Sinclair 2010 SCC 35”

July 17: Reference re Genetic Non-Discrimination Act

Note: This case has three written decisions. Click here for an explanation of majority, concurring and dissenting reasons. Background In 2017 Parliament enacted the Genetic Non-Discrimination Act (the Act). Section 2 of the Act defines a genetic test as “a test that analyzes DNA, RNA or chromosomes for purposes such as the prediction of diseaseContinue reading “July 17: Reference re Genetic Non-Discrimination Act”

Topic: Standards of Proof

Note: This is a “Topic” post, in which I will briefly cover a legal concept using a few leading cases. Topics will be found in their own category and may be updated in the future if necessary. Introduction It is common knowledge by this point that in order to convict someone in criminal court, theContinue reading “Topic: Standards of Proof”

June 28: Uber Technologies v Heller 2020 SCC 16

Key Takeaway: Forced arbitration clauses in standard form contracts are unconscionable and therefore unenforceable when they prevent the weaker party to an agreement from meaningfully pursuing a dispute against the stronger party. Overview H is a food delivery driver using Uber Eats. To become an Uber driver, H had to accept the terms of Uber’sContinue reading “June 28: Uber Technologies v Heller 2020 SCC 16”

Flashback Summary: Starson v Swayze 2003 SCC 32

[Note: Occasionally I will post summaries of landmark cases from the past that are of general or specific interest. These posts will be categorized as “Flashback” in addition to their regular categories.] CONTENT WARNING: This post contains discussions of psychiatric hospitals, involuntary detention, forced treatment, bipolar disorder and schizophrenia. Background. Professor Starson (born Scott JefferyContinue reading “Flashback Summary: Starson v Swayze 2003 SCC 32”

June 19th: R v Zora, 2020 SCC 14

Overview Z was charged with drug offences and was granted bail with conditions, including curfew and a requirement that he present himself at the door of his residence within five minutes of a peace officer or bail supervisor attending to confirm his compliance with the curfew. Z failed twice to present himself at the doorContinue reading “June 19th: R v Zora, 2020 SCC 14”