Best SCC Hearings Podcast Podcasts (2024)

1
Emanuel Lozada v. His Majesty the King (40701) 1:16:09

28d ago1:16:09

1:16:09

(Publication ban in case) The appellant, Emanuel Lozada, along with other individuals, participated in two fights, the second of which resulted in the fatal stabbing of the victim. At the appellant’s trial for manslaughter, the Crown argued that the appellant was liable for manslaughter either as a co-principal with the man alleged to have stabbed …

1
His Majesty the King v. Agénor Archambault, et al. (40428) 2:41:05

28d ago2:41:05

2:41:05

(Publication ban in case) In July 2019, in two separate cases, the respondents appeared in the Court of Québec to answer charges for indictable offences that were punishable by a maximum of 14 years of imprisonment, but that had been punishable by a maximum of 10 years of imprisonment at the time they were allegedly committed. The respondents were …

1
Sanis Health Inc., et al. v. His Majesty the King in Right of the Province of British Columbia (Day 2/2) (40864) 1:22:01

1M ago1:22:01

1:22:01

In 2018, the Province of British Columbia (hereafter, “BC”) enacted the Opioid Damages and Health Care Costs Recovery Act (the “ORA”). The ORA allows BC to recover health care costs caused or contributed to by “opioid-related wrongs” committed by manufacturers and distributors of opioid drugs. Section 11 of the ORA applies to proceedings relating t…

1
Sanis Health Inc., et al. v. His Majesty the King in Right of the Province of British Columbia (Day 1/2) (40864) 2:00:10

1M ago2:00:10

2:00:10

In 2018, the Province of British Columbia (hereafter, “BC”) enacted the Opioid Damages and Health Care Costs Recovery Act (the “ORA”). The ORA allows BC to recover health care costs caused or contributed to by “opioid-related wrongs” committed by manufacturers and distributors of opioid drugs. Section 11 of the ORA applies to proceedings relating t…

1
Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 2/2) (40725) 1:37:20

1M ago1:37:20

1:37:20

This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter. The amendments to the…

1
Attorney General of Ontario v. Working Families Coalition (Canada) Inc., et al. (Day 1/2) (40725) 2:05:56

1M ago2:05:56

2:05:56

This case concerns the third party spending limits most recently added to the Election Finances Act, R.S.O. 1990, c. E.7 (“EFA”), in 2021, and whether they infringe the informational component of the right to vote (i.e., a citizen’s right to exercise their vote in an informed manner), which is protected by s. 3 of the Charter. The amendments to the…

1
TransAlta Generation Partnership, et al. v. His Majesty the King in Right of the Province of Alberta, et al. (40570) 3:23:42

2M ago3:23:42

3:23:42

Appellants TransAlta Generation Partnership and TransAlta Generation (Keephills 3) (collectively, “TransAlta”) own coal-fired electrical power generation facilities in Alberta. The value of those properties is assessed as “linear property” for municipal taxation purposes. The Municipal Government Act, R.S.A. 2000, c. M-26, defines the term “linear …

1
Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan (Day 2/2) (40619) 1:23:00

2M ago1:23:00

1:23:00

The respondent, Pekuakamiulnuatsh Takuhikan, is a band council within the meaning of the Indian Act, R.S.C. 1985, c. I-5. It represents the Pekuakamiulnuatsh Innu First Nation, whose community is located in Mashteuiatsh on the western shore of Lac Saint-Jean near Roberval. Under tripartite agreements signed over the years with the Government of Can…

1
Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan (40619) 2:07:03

2M ago2:07:03

2:07:03

The respondent, Pekuakamiulnuatsh Takuhikan, is a band council within the meaning of the Indian Act, R.S.C. 1985, c. I-5. It represents the Pekuakamiulnuatsh Innu First Nation, whose community is located in Mashteuiatsh on the western shore of Lac Saint-Jean near Roberval. Under tripartite agreements signed over the years with the Government of Can…

1
His Majesty the King v. T.J.F. (40749) 1:05:14

3M ago1:05:14

1:05:14

(PUBLICATION BAN IN CASE) The respondent, T.J.F., was charged with human trafficking and obtaining a financial or material benefit from human trafficking during a period from 2006 through 2011. The trial judge accepted that the respondent had engaged in threats, intimidation and injury towards the complainant; he characterized this as “past discred…

1
Braydon Wolfe v. His Majesty the King (40558) 1:55:25

3M ago1:55:25

1:55:25

After consuming alcohol, Mr. Wolfe drove his vehicle on the wrong side of a divided highway for a considerable distance at night. He caused a head-on collision that seriously injured Mrs. Niazi and killed her husband and daughter. Mr. Wolfe was convicted on two counts of criminally negligent operation of a motor vehicle causing death under s. 220(b…

1
International Air Transport Association, et al. v. Canadian Transportation Agency, et al. (40614) 2:29:34

3M ago2:29:34

2:29:34

This case involves a challenge to the validity of regulations adopted by the Agency to compensate air passengers for various delays, losses and inconveniences experienced in the course of international air travel. Parliament adopted the Transportation Modernization Act, S.C. 2018, c. 10 (“TMA”), which amended the CTA by creating the new s. 86.11. T…

1
Dwayne Alexander Campbell v. His Majesty the King (40465) 2:54:12

3M ago2:54:12

2:54:12

Police seized a cellphone during a search incident to the arrest of a known drug dealer. The phone was displaying incoming text messages on its screen. The police believed the messages revealed a transaction for heroin, which would likely be laced with fentanyl, was in progress. The police impersonated the drug dealer by responding to the text mess…

1
Gabriel Boudreau v. His Majesty the King (40810) 1:02:13

3M ago1:02:13

1:02:13

Following a trial in the Court of Québec, the appellant, Gabriel Boudreau, was convicted of dangerous driving causing bodily harm as a result of a collision between him and the complainant. On appeal, the appellant argued that the trial judge had erred by finding that he had taken part in a race with another driver, by improperly assessing the comp…

1
Trevor Ian James Lindsay v. His Majesty the King (40569) 1:06:26

4M ago1:06:26

1:06:26

The appellant, Trevor Ian James Lindsay, is a constable with the Calgary Police Service. While processing an arrestee, an altercation occurred between the appellant and the arrestee that left the latter with serious injuries. The appellant was charged with aggravated assault under s. 268 of the Criminal Code. At trial, the appellant’s defence inclu…

1
Derrick Michael Lawlor v. His Majesty the King (40500) 1:15:47

4M ago1:15:47

1:15:47

The appellant engaged in a sexual encounter with two other men in a park. A number of hours later, the body of one of those men was found in the park; he had died due to external neck compression. The appellant had mental health difficulties and had consumed both psychiatric medication and alcohol around the time he was in the park with the victim …

1
Nicolas Landry v. His Majesty the King (40394) 1:12:47

4M ago1:12:47

1:12:47

(PUBLICATION BAN IN CASE) The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his di…

1
Daniel Hodgson v. His Majesty the King (40498) 2:01:08

4M ago2:01:08

2:01:08

Appellant Daniel Hodgson was charged with second-degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who had been sleeping in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson appli…

1
His Majesty the King v. Private D.T. Vu (40655) 1:00:12

5M ago1:00:12

1:00:12

(Publication ban in case) In the Court Martial, a military judge acquitted the respondent, Private D.T. Vu, of sexual assault under s. 130 of the National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), that is to say, s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. It is alleged that the respondent performed a sex act on the complainant who was incap…

1
Yves Caleb Jr. Charles v. His Majesty the King (40319) 1:05:13

5M ago1:05:13

1:05:13

After a trial in the Court of Québec, the appellant, Yves Caleb Jr. Charles, was convicted of assault with a weapon, using an imitation firearm in the commission of assault, and uttering threats. During the trial, a prosecution witness refused to cooperate, and the trial judge allowed the prosecution to introduce an out of court statement made by t…

1
Canadian Broadcasting Corporation, et al. v. His Majesty the King, et al. (40371) 2:17:29

7M ago2:17:29

2:17:29

(PUBLICATION BAN IN CASE) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) On March 23, 2022, the Quebec Court of Appeal issued a redacted version of its reasons, which it had originally delivered on February 28, 2022, allowing the respondent Named Person’s conviction appeal and staying the criminal proceedings brought against Name…

1
Attorney General of Canada v. Joseph Power (40241) 4:09:31

7M ago4:09:31

4:09:31

Respondent Joseph Power was convicted of two criminal offences in the 1990s. He served a term of imprisonment. In 2010 Mr. Power made inquiries about the process to obtain a pardon, but did not apply for one. In 2011, Mr. Power’s employer learned of his criminal record. He was suspended from work. Mr. Power applied for a pardon — now called a recor…

1
Thalbinder Singh Poonian, et al. v. British Columbia Securities Commission (40396) 3:07:17

7M ago3:07:17

3:07:17

The respondent, British Columbia Securities Commission found that the appellants, Thalbinder Singh Poonian and Shailu Poonian, breached the Securities Act, R.S.B.C. 1996, c. 418, by engaging in conduct that resulted in the misleading appearance of trading activity in, or an artificial price for, a corporation’s shares. It then imposed both a disgor…

1
John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, et al. (40166) 2:30:17

7M ago2:30:17

2:30:17

The appellant, John Aquino, was the directing mind of Bondfield Construction Company Limited (“BCCL”) and its affiliate, 1033803 Ontario Inc., commonly known as Forma-Con (“debtor companies”). He and the other appellants carried out a false invoicing scheme over a number of years by which they siphoned off tens of millions of dollars from both debt…

1
Franck Yvan Tayo Tompouba v. His Majesty the King (40332) 2:31:36

7M ago2:31:36

2:31:36

(PUBLICATION BAN IN CASE) Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that no…

1
Leading Seaman C.D. Edwards, et al. v. His Majesty the King (39820) 2:10:27

7M ago2:10:27

2:10:27

(PUBLICATION BAN IN CASE) The appellants are members of the Canadian Armed Forces who had various charges laid against them. They each filed a preliminary application in the Court Martial seeking a stay of proceedings because of an alleged infringement of their constitutional right to be tried by an independent and impartial tribunal guaranteed by …

1
City of St. John’s v. Wallace Lynch, et al. (40302) 2:41:11

7M ago2:41:11

2:41:11

In 1991, Newfoundland and Labrador reorganized its northeast Avalon municipalities, expanding St. John’s boundaries and triggering a new planning process for St. John’s. The Lynch property and others were zoned as “watershed” because they fall within the Broad Cove River Watershed, which feeds St. John’s municipal water supply. In 2011, the Lynches…

1
Ummugulsum Yatar v. TD Insurance Meloche Monnex, et al. (40348) 3:18:30

7M ago3:18:30

3:18:30

Appellant Ummugulsum Yatar was injured in a motor vehicle accident. Ms. Yatar applied to her insurer, TD Insurance Meloche Monnex (hereafter, “TD”) for housekeeping and home maintenance benefits, as well as income replacement benefits (IRB). TD initially paid those benefits. About a year later, following insurance medical examinations, TD denied Ms…

1
Eurobank Ergasias S.A., et al. v. Bombardier inc., et al. (40350) 2:38:10

8M ago2:38:10

2:38:10

Bombardier inc. entered into a procurement contract with the respondent branch of the Greek government (HMOD) for ten firefighting amphibious aircraft. There was also an Offsets contract by which Bombardier committed to offset programs inviting Greek suppliers as subcontractors for the work, for a total credited value of 110% of the main contract. …

1
Attorney General of Ontario, et al. v. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all... (Day 2/2) (40024) 2:28:29

8M ago2:28:29

2:28:29

In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe…

1
Dow Chemical Canada ULC v. His Majesty the King (40276) 2:13:21

8M ago2:13:21

2:13:21

A corporate taxpayer requested that the Minister of National Revenue exercise her discretionary power under s. 247(10) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”) to adjust the value of a non-arm’s length transaction downward, which would, in turn, reduce the amount of the taxpayer’s assessment. The Minister declined to do so. The …

1
Attorney General of Ontario, et al. v. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the... (40024) 3:15:17

8M ago3:15:17

3:15:17

In 1850, the respondents, the Anishinaabe of the northern shores of Lakes Huron and Superior, entered into two treaties with the Crown: the Robinson-Huron Treaty and the Robinson-Superior Treaty (“Treaties”). The Treaties provided for cessation of a vast territory in northern Ontario, and for payment, in perpetuity, of an annuity to the Anishinaabe…

1
York Region District School Board v. Elementary Teachers’ Federation of Ontario (40360) 3:32:50

8M ago3:32:50

3:32:50

The private communications of two teachers, recorded on their personal, password-protected log were read and captured by screenshots taken by their school principal, and then used by the respondent school board (“Board”) to discipline them. The union filed a grievance against the written reprimand issued to the teachers (“Grievors”) claiming the Bo…

1
Don Johnson v. His Majesty the King (40330) 1:00:05

8M ago1:00:05

1:00:05

The appellant, Don Johnson, was found guilty of two counts of first degree murder by a jury. The majority of the Court of Appeal for Ontario dismissed his appeal, finding that it was open to the trial judge to leave party liability with the jury. Nordheimer J.A., dissenting, would have allowed the appeal, set aside the conviction, and ordered a new…

1
Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc. (40197) 2:04:56

8M ago2:04:56

2:04:56

Pine Valley Enterprises Inc. (“PVE”) contracted with Earthco Soil Mixtures Inc. (“Earthco”) for the supply of topsoil for use in a project. After reviewing dated test results for “R Topsoil,” it placed an order for 3,678 cubic yards of “Screened topsoil with extra Organics added.” The contract included exclusion provisions that allowed PVE to test …

1
Jim Shot Both Sides, et al. v. His Majesty the King (40153) 3:15:45

8M ago3:15:45

3:15:45

On September 22, 1877, the Blackfoot Confederacy and the Crown executed Treaty 7, which established Reserve No. 148, the largest reserve in Canada. It is the home of the Kainai, or Blood Tribe. Under the Treaty, the size of the reserve was to be established through a formula promising “one square mile for each family of five persons, or in that pro…

1
Attorney General for Ontario v. Information and Privacy Commissioner of Ontario, et al. (40078) 2:38:51

1y ago2:38:51

2:38:51

(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) A journalist with the CBC made an application under the Act for disclosure of the mandate letters addressed from the Premier of Ontario to each minister setting out’s the Premier’s policy priorities for the minister’s mandate. The Cabinet Office opposed the disclosure on the basis of…

1
His Majesty the King v. Olivier Chatillon (40331) 1:26:34

1y ago1:26:34

1:26:34

(PUBLICATION BAN) After a trial in the Court of Québec, the respondent, Olivier Chatillon, was convicted of one count of sexual assault of a child. The trial judge held that the prosecution’s case could be based on the admissions made to the professionals who had assessed him, although he had met with them during an entirely voluntary therapeutic p…

1
Jason Donald Hay v. His Majesty the King (40316) 1:05:18

1y ago1:05:18

1:05:18

(PUBLICATION BAN IN CASE) Following a judge-alone trial, the appellant, Mr. Hay, was acquitted of one count of sexual assault under s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The appellant conceded that the complainant did not consent to anal intercourse on September 13, 2019. The only issue on appeal was whether Mr. Hay had an honest but m…

1
His Majesty the King v. Christopher James Kruk (40095) 3:37:15

1y ago3:37:15

3:37:15

(PUBLICATION BAN IN CASE) The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of App…

1
Canadian Broadcasting Corporation, et al. v. Aydin Coban, et al. (40223) 2:10:18

1y ago2:10:18

2:10:18

(PUBLICATION BAN IN CASE) An accused was charged with several offences. Before the jury selection process began, a ban on publication was imposed on all pre-trial applications in the proceedings pursuant to s. 648(1) of the Criminal Code. A consortium of major media outlets applied to have the ban clarified and declared applicable only after the ju…

1
La Presse inc. v. Frédérick Silva, et al. (40175) 2:11:03

1y ago2:11:03

2:11:03

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC) The respondent Frédérick Silva was charged with four counts of murder and one count of attempted murder based on incidents that occurred on February 21, 2017, and December 20, 2018. On November 22, 2019, the prosecution laid five charges by direct indictment. On August 2 and October 15, 2021, respec…

1
George Zacharias v. His Majesty the King (40117) 1:18:35

1y ago1:18:35

1:18:35

The appellant, George Zacharias, was convicted under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, for possession of 101.5 pounds of cannabis for the purpose of trafficking. The main issue at trial was whether Cst. MacPhail, who conducted a traffic stop of Mr. Zacharias’ truck, had reasonable suspicion to enter into an inves…

1
Société des casinos du Québec inc., et al. v. Association des cadres de la Société des casinos du Québec, et al. (40123) 3:57:18

1y ago3:57:18

3:57:18

The respondent, the Association des cadres de la Société des casinos du Québec (Association), was formed in 1997 under the Professional Syndicates Act, CQLR, c. S-40. Seventy percent of the operations supervisors assigned to the gaming tables at Casino de Montréal are members of the Association. The supervisors are the fifth level of management and…

1
His Majesty the King, et al. v. Maxime Bertrand Marchand (39935) 3:23:33

1y ago3:23:33

3:23:33

(PUBLICATION BAN IN CASE) The respondent pleaded guilty to a charge of sexual interference committed against a minor under the age of 16 between August 1, 2013 and July 19, 2015. During that period, he and the complainant had full sexual intercourse four times. He also pleaded guilty to a charge of child luring arising from interaction with the com…

1
Dia ‘Eddin Hanan v. His Majesty the King (40097) 1:09:05

1y ago1:09:05

1:09:05

On December 24, 2015, the appellant was charged with crimes relating to the shooting of two individuals. The appellant’s jury trial for second degree murder, attempted murder and assorted firearm charges was scheduled to commence on November 5, 2018. However, it was adjourned to October 28, 2019. The appellant applied for a stay of proceedings for …

1
Attorney General of Canada v. Attorney General of Alberta (Day 2/2) (40195) 2:55:13

1+ y ago2:55:13

2:55:13

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amen…

1
Attorney General of Canada v. Attorney General of Alberta (Day 1/2) (40195) 2:11:55

1+ y ago2:11:55

2:11:55

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amen…

1
His Majesty the King v. S.S. (40147) 1:22:45

1+ y ago1:22:45

1:22:45

(PUBLICATION BAN) The respondent was convicted of sexual assault and sexual interference, two offences perpetrated on the complainant when she was between six and eight years old. The convictions were based on the complainant’s unsworn, videotaped police statement, which the trial judge admitted into evidence by application of the principled except…

1
Attorney General of Quebec, et al. v. H. V. (40093) 2:58:34

1+ y ago2:58:34

2:58:34

(PUBLICATION BAN IN CASE) The respondent, H.V., pleaded guilty to a child luring offence committed between July 31 and August 9, 2017, which was prosecuted summarily. During sentencing, the respondent argued that the 6-month mandatory minimum sentence provided for in s. 172.1(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46, was unconstitutional un…

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