The respondent was accused of beating a person to death with an axe. Prior to his death, the deceased socialized with the respondent and a number of other persons. At some point, many people left to another venue but the respondent and the deceased remained. The deceased made a phone call to a third party in which he referred to having to fight someone. That person testified to the time of the phone call and the words used by the deceased; she also testified to hearing sounds consistent with the deceased having been beaten to death.The respondent was convicted of second-degree murder following a trial by judge alone. The trial judge referred to the statement of the deceased by phone in her decision. A majority of the Court of Appeal held that the trial judge improperly used the statement for a hearsay purpose rather than only the fact that the statement was made. The majority allowed the appeal from conviction and ordered a new trial. Crighton J.A., dissenting, would have dismissed the appeal on the basis that the trial judge did not err in her treatment of the statement of the deceased.

Argued Date

2025-11-12

Keywords

Criminal Law — Evidence — Hearsay — Statement of deceased shortly before death — Use of statement of the deceased by trial judge — Whether statement by deceased was used for a hearsay purpose — Whether majority of Court of Appeal erred in holding that trial judge improperly admitted statement for truth of its content —Whether majority of Court of Appeal erred in setting aside conviction for murder

Notes

(Alberta) (Criminal) (As of Right)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Mr. Jacques-Taylor and a co-accused were jointly charged with firearms offences. On July 6, 2022, each co-accused’s defence counsel, Crown counsel, and a trial coordinator appeared in court to set a trial date. Mr. Jacques-Taylor’s counsel was available for the first available court date of August 8, 2022 or for any date in August but was not available in September. Crown counsel was available for the first available court date of August 8, 2022. Counsel for Mr. Jacques-Taylor’s co-accused was not available for any date in August. Counsel agreed on trial dates from October 2 to 4, 2022. Time from laying of charges to the anticipated start of trial was 22 months and 2 weeks. Mr. Jacques-Taylor filed a motion to stay the proceedings against him for unreasonable delay in breach of his right to be tried within a reasonable time guaranteed by s. 11 (b) of the Charter of Rights and Freedoms. The motions judge, after attributing delay, calculated net delay to be 2 weeks over the 18-month presumptive ceiling. The motions judge declined to attribute 25 days of the delay following the appearance to schedule trial dates that were caused only by the unavailability of counsel for the co-accused as defence delay. Had those 25 days been attributed to the defence, the net delay would have been below the presumptive ceiling. The motions judge granted a stay of proceedings. The Court of Appeal dismissed an appeal.

Argued Date

2025-11-07

Keywords

Charter of Rights and Freedoms — Right to be tried within a reasonable time — Co-accused being tried jointly — Delay for accused, including period of delay caused only by unavailability of co-accused’s counsel for available court dates, exceeding presumptive Jordan ceiling — Where it is in the interests of justice to pursue a joint prosecution, how is the Jordan framework to be applied as to each accused — What is the scope and proper application of the contextual approach to delay set out in R. v. Hanan, 2023 SCC 12?

Notes

(Ontario) (Criminal) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

On the advice of the Prime Minister of Canada, the Privy Council Office recommended that the Governor General issue an Order in Council appointing a Lieutenant Governor in New Brunswick who was not bilingual. At trial, that appointment was found inconsistent with the bilingualism requirements in ss. 16(2), 16.1(2) and 20(2) of the Charter. The Court of Appeal set aside that decision on the basis that the appointment of a Lieutenant Governor who was not bilingual did not infringe ss. 16(2), 16.1(1), 18(2) and 20(2) of the Charter.

Argued Date

2025-11-13

Keywords

Constitutional law — Charter of Rights — Language rights — Role of Lieutenant Governor in New Brunswick — Language requirement for Lieutenant Governor in New Brunswick — Whether Order in Council 2019 1325 dated September 4, 2019, infringes ss. 16(2), 16.1, 18(2) and 20(2) of Canadian Charter of Rights and Freedoms and, if so, what would be appropriate remedy.

Notes

(New Brunswick) (Civil) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal.

Argued Date

2025-11-06

Keywords

Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52.

Notes

(Ontario) (Civil) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal.

Argued Date

2025-11-05

Keywords

Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52.

Notes

(Ontario) (Civil) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondents are owners of lots that border three lakes in Ville d’Estérel. Following the renewal of the cadastre of Ville d’Estérel in 2016, the respondents discovered that they were not owners of a submerged strip of land that goes around each of the lakes and is situated in front of their respective lots. The appellant claimed to own that strip of land, immatriculated separately in the cadastre as several lots, whereas the respondents stated that they own it. Through an application for a declaratory judgment, the respondents sought a declaration confirming that they are respectively owners of the submerged lots adjacent to the lands they own. The Quebec Superior Court dismissed their application, finding that the submerged lots are the property of the appellant. The Quebec Court of Appeal allowed the respondents’ appeal in part. It found that the submerged strip of land is accessory to the riparian lots pursuant to the doctrine of accessory.

Argued Date

2025-11-10

Keywords

Property — Immovables — Submerged lots — Extent of right of ownership near watercourses and lakes — Doctrine of accessory — Whether doctrine of accessory is applicable to lots submerged as result of construction of dam — If so, whether doctrine should apply only in residual manner, if doubt persists as to common intention of parties — Whether Court of Appeal erred in interfering, without identifying palpable and overriding error, with findings at trial concerning interpretion of words [TRANSLATION] “bounded by the lake” and common intention of parties.

Notes

(Quebec) (Civil) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)Canadian Patent No. 2,655,335 (“’335 Patent”), which was issued to Janssen Pharmaceutica N.V. for INVEGA SUSTENNA, involves a suspension of paliperidone palmitate for the treatment of schizophrenia and related disorders. The ’335 Patent teaches a dosing regimen to achieve an optimum plasma concentration-time profile. Its claims have been construed in previous litigation and are not in issue: Janssen Inc. v. Teva Canada Ltd., 2020 FC 593,; Janssen Inc. v. Pharmascience Inc., 2022 FC 62, aff’d 2024 FCA 10 (“PMS Paliperidone”)). Its disclosure indicated that “[t]hose of ordinary skill in the art will understand that the maintenance dose may be [adjusted] up or down in view of patients condition (response to the medication and renal function)”.Pharmascience Inc. has served two Notices of Allegation in respect of pms-PALIPERIDONE PALMITATE, its proposed generic version of INVEGA SUSTENNA. In 2020, Janssen’s infringement action related to Pharmascience’s Abbreviated New Drug Submission No. 236094 was discontinued on consent. Shortly thereafter, Pharmascience served a Notice of Allegation and Detailed Statement in respect of a different Abbreviated New Drug Submission — No. 244641 — seeking approval to market and sell doses of pms-PALIPERIDONE PALMITATE. Janssen again commenced an infringement action under s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. In that proceeding, Pharmascience moved for summary trial. It was found that if Pharmascience’s pms-PALIPERIDONE PALMITATE was made, constructed, used or sold as set out in the Abbreviated New Drug Submission, it would influence prescribers to prescribe the dosing regimen claimed in the ’335 Patent, leading to direct infringement: PMS Paliperidone. The defence of invalidity went forward, with Janssen seeking a declaration that Pharmascience would infringe the ’335 Patent if it were to make, use or sell pms-PALIPERIDONE PALMITATE in 50, 75, 100 and 150 mg doses.The Federal Court found that the Patent was not invalid based on obviousness or for lack of patentable subject matter. The claims provided specified dosing regimens meant to produce a concentration of the medication within the therapeutic range. If a physician chose to use a dose other than that claimed, to stop treatment or to change therapies, they would no longer be practicing the claimed invention. The Court of Appeal dismissed Pharmascience’s appeal, finding that the use of the invention did not require the exercise of skill and judgment.

Argued Date

2025-10-09

Keywords

Intellectual property — Patents — Validity — Lack of patentable subject matter — Method of medical treatment — Vendible product — Skill and judgment — Fixed or variable dosing regimen — Canadian Patent No. 2,655,335 teaches dosing regimen that includes first loading dose, second loading dose and monthly maintenance doses — Regimen incorporates dosing windows of +/- 2 days for the second loading dose and +/- 7 days for the maintenance doses — Whether patent is invalid in that it claims an unpatentable method of medical treatment.

Notes

(Federal) (Civil) (By Leave) (Sealing order) (Certain information not available to the public)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The appellant’s spouse went missing in 2008. In 2017, the appellant obtained a declaratory judgment of her spouse’s death pursuant to art. 92 of the Civil Code of Québec in a proceeding contested by the spouse’s life insurance company. After the spouse was declared deceased, the life insurance company applied to annul the declaration of death on the basis that there was evidence he was alive in another country as late as 2018. The application was not served on the party declared to have died.The Superior Court of Quebec judge granted the life insurance company’s application and annulled the declaration of death. She concluded that there was no prejudice flowing from the fact that the application was not served on the declared decedent. The Court of Appeal allowed an appeal only with respect to application judge’s costs award but otherwise affirmed the Superior Court judge’s decision.

Argued Date

2025-10-10

Keywords

Status of persons — Absence — Return — Declaratory judgment of death — Life insurance company seeking to annul declaratory judgment of death — What proof of return is required to annul a declaratory judgment of death — Whether an application by a third party to annul a declaratory judgment of death must be served on the person declared to be deceased — Civil Code of Québec, arts. 92, 97, 98.

Notes

(Quebec) (Civil) (By Leave) (Sealing order) (Certain information not available to the public)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

During the course of an investigation under the Traffic Safety Act, a police officer attempted to effect a warrantless arrest of the applicant for obstruction under s. 129(a) of the Criminal Code. In a pre-trial application, the trial judge found that the police officer was not executing a lawful arrest, and therefore breached the applicant’s s. 9 Charter right not to be arbitrarily detained by attempting the arrest. The trial judge acquitted the applicant of assault causing bodily harm. The Court of Appeal allowed the appeal, and ordered a new trial.

Argued Date

2025-10-17

Keywords

Criminal law — Arrest — Can a police officer arrest an individual for obstruction under the Criminal Code, during the course of a regulatory (or municipal) investigation where the regulatory (or municipal) statute provides for a lesser enforcement remedy — Does the discretion referenced in Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 allow police officers to engage the more serious Criminal Code provisions during the course of an investigation for less serious regulatory or municipal offences?

Notes

(Alberta) (Criminal) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

A police investigation into the production of marijuana led to criminal proceedings against 11 individuals. A stay of proceedings was entered for the respondents in light of unreasonable delays. The Court of Québec dismissed the motion to dismiss the motion for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. The Quebec Superior Court dismissed the motion for prohibition and certiorari in aid. The Quebec Court of Appeal set aside the Superior Court judge’s decision and stated that the Court of Québec did not have the jurisdiction required to deal with motions for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA.

Argued Date

2025-10-16

Keywords

Criminal law — Proceeds of crime — Offence related property — Restraint order — Jurisdiction of provincial court — Appropriate procedural vehicles — Whether property included in application for forfeiture pursuant to s. 462.37(2) of Criminal Code and s. 16(2) of Controlled Drugs and Substances Act must be related to offence for which there was conviction — Whether stay of proceedings prevents prosecutor from proving facts forming basis for charges in context of motion for forfeiture of offence related property or of proceeds of crime — Criminal Code, R.S.C. 1985, c. C-46, s. 462.37(2) — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 16(2).

Notes

(Quebec) (Criminal) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).