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Recent Posts
Below is a preview of the five most recent posts from the blog The Court. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- R v Nguyen Affirms 18-Month Provincial Court Ceiling Applies to Part I Provincial Offences.
On September 30, 2020, the Ontario Court of Appeal (“ONCA”) held in R v Nguyen, 2020 ONCA 609 [Nguyen] that the 18-month presumptive ceiling established in R v Jordan, 2016 SCC 27 [Jordan] , which governs what constitutes unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedo … Read more »
- Publication bans should be put to the test in CBC v the Queen
Canadian Broadcasting Corporation v Her Majesty the Queen, et al. 38992 [CBC v the Queen] considers whether evidence not admitted as part of the record prima facie can be subject to a publication ban.This challenge resulted from the Manitoba Court of Appeal’s (“MBCA”) decision to implement a publica … Read more »
- Assessing Credibility of Survivors: The ONCA Debunking Rape Myths and Stereotypes in R v Steele
Warning: The following post by necessity includes details about an allegation of sexual violence and offensive language. It may not be suitable for all audiences. Are rape myths and stereotypes still perpetuated by courts? What are the implications of this for survivors of sexual assault? Although … Read more »
- Francis v Ontario: The ONCA Upholds Charter Breaches for Any Period in Administrative Segregation for Seriously Mentally Ill Inmates
In an unanimous decision, the Ontario Court of Appeal (“ONCA” or “the Court”) dismissed the Ontario government’s appeal against the $30 million solitary confinement class action. Francis v Ontario 2021 ONCA 197 [Francis] is a significant decision for two reasons. First, the ONCA upheld the motion ju … Read more »