Cases in Brief

Question 1

Murray - Hall v. Quebec

Answer 1

April 14, 2023
Issue: Whether the constitutional division of powers allows Quebec to prohibit all cultivation of cannabis plants for personal use
SCC Ruling: Chief Justice Wagner dismissed the appeal (Justices Karakatsanis, Cote, Rowe, Martin, Kasirer, Jamal, and O’Bonsawin agreed)

Question 2

R. v. Breault

Answer 2

April 13, 2023
Issue: Breault guilty of refusing to comply with a demand to provide a breath sample
SCC Ruling: Justice Cote dismissed the appeal and upheld the acquittal entered by the Quebec Court of Appeal (Chief Justice Wagner and Justices Karakatsanis, Rowe, Martin, Kasirer, Jamal, and O’Bonsawin agreed)

Question 3

R. v. McColman

Answer 3

March 23, 2023
Issue: Arrest McColman for impaired driving and operation a motor vehicle with a blood alcohol concentration above the legal limit
SCC Ruling: Chief Justice Wagner and Justice O’Bonsawin set aside the acquittal and restored the conviction entered at trial and the sentence imposed (Justices Karakatsanis, Cote, Rowe, Martin, Kasirer, and Jamal agreed)

Question 4

R. v. Downes

Answer 4

March 10, 2023
Issue: Downes had taken photos of 2 minors in dressing rooms and convicted of voyeurism
SCC Ruling: Justice Mahmud Jamal allowed the appeal, set aside the judgement of the Court of Appeal, and restored Mr. Downes convictions (Justices Karakatsanis, Rowe, Martin, Kasirer, and O’Bonsawin agreed)

Question 5

R. v. Metzger

Answer 5

March 3, 2023
Issue: Metzger was convicted of offences arising from the home invasion robbery
SCC Ruling: Justice Malcome Rowe allowed the appeal, set aside Mr. Metzger’s convictions, and substituted verdicts of acquittal (Justices Martin and Kasirer agreed)

Question 6

R. v. McGregor

Answer 6

February 17, 2023
Issue: McGregor had committed the offences of voyeurism and possession of a device to record private communication
SCC Ruling:
Majority: Justice Suzanne Cote dismissed the appeal (Chief Justice Wagner and Justices Moldaver, Kasirer, and Jamal agreed)
Concurring: Justices Karakatsanis and Martin agreed that the appeal should be dismissed, but addressed the extraterritoriality issue under R. v. Hape
Concurring: Justice Rowe agreed with the entirety of Justice Cote’s analysis, but disagreed with the Justices Karakatsanis and Martin’s approach to R. v. Hape

Question 7

R. v. Hilbach

Answer 7

January 27, 2023
Issue: Hilbach pleaded guilty to robbery using a prohibited firearm
SCC Ruling:
Majority: Justice Sheilah L. Martin allowed the appeals, finding the mandatory minimum sentences at issue constitutional (Chief Justice Wagner and Justices Moldaver, Brown, Rowe, and Kasirer agreed)
Concurring: Justice Cote agreed with the majority’s disposition of the appeal but not with its 3-part test for gross disproportionality at the second stage of the Section 12 Charter analysis
Dissenting: Justices Karakatsanis and Jamal would have dismissed the appeals, finding the mandatory minimum sentences at issue unconstitutional

Question 8

R. v. Hills

Answer 8

January 27, 2023
Issue: Hills pled guilty to 4 offences, including discharging a firearm into or at a house
SCC Ruling:
Majority: Justice Sheilah L. Martin allowed the appeal, ruling the 4-year mandatory minimum sentence formerly set out in Section 244. 2 (3)(b) of the Criminal Code unconstitutional (Chief Justice Wagner and Justices Moldaver, Karakatsanis, Brown, Rowe, Kasirer, and Jamal agreed)
Dissenting: Justice Cote would have dismissed the appeal, finding the mandatory minimum sentence constitutional