ARCTIC OBITER

S.C.C. UPDATE
HERE IS A SUMMARY OF ALL
APPEALS AND ALL LEAVES TO
APPEAL (ONES GRANTED – SO YOU
KNOW WHAT AREAS OF LAW THE
S.C.C. WILL SOON BE DEALING
WITH IN CASE ANY MAY BE AN AREA
OF LAW YOU’RE LITIGATING/
A D V I S I N G/MANAG I N G).
F OR
LEAVES, I’VE SPECIFICALLY ADDED
IN BOTH THE DATE THE S.C.C.
GRANTED LEAVE AND THE DATE OF
THE C.A. JUDGMENT BELOW, IN
CASE YOU WANT TO TRACK AND
CHECK OUT THE C.A. JUDGMENT.
ORAL JUDGEMENTS
CRIMINAL LAW: SEXUAL
OFFENCES; SEVERING
COUNTS
R. v. F.O.B.
(B.C.C.A., Mar. 22, 2012)(34889)
2013 SCC 8 (February 15, 2013)
Chief Justice: “We are all of the
view that the appeal should be
allowed, for the reasons of Chief
Justice Finch."
Eugene Meehan, QC
Supreme Advocacy LLP
Ottawa
~
CRIMINAL LAW: SEXUAL
OFFENCES; EVIDENCE
ASSESSMENT
R. v. P.G.T.
(N.L.C.A., June 13, 2012)(34934)
2013 SCC 10 (March 1, 2013)
Justice Fish: “The appeal is
allowed for the reasons given by
Hoegg J.A. in the Court of Appeal
and the conviction entered by the
trial judge is restored. Fish and
Cromwell J.J., dissenting, would
have affirmed the judgment of the
Court of Appeal ordering a new
trial."
APPEALS
ABORIGINAL LAW: MÉTIS
Manitoba Metis Federation Inc. v.
Canada (A.G.)
(Man. C.A., July 7, 2010)(33880)
2013 SCC 14 (March 8, 2013)
Section 31 of the Manitoba Act
constituted a constitutional
obligation to Métis people, to
provide children with allotments
of land. The obligation did not
impose a fiduciary or trust duty on
the government. However, it
engaged the honour of the Crown,
which required the government to
act with diligence in pursuit of the
fulfillment of the promise. The
claim based on the honour of the
Crown is not barred by the law of
limitations or the equitable
doctrine of laches.
~
CIVIL PROCEDURE/POLICE:
ISSUE ESTOPPEL
Penner v. Niagara (Regional Police
Services Board)
(Ont. C.A., Sept. 27, 2010)(33959)
2013 SCC 19 (April 5, 2013)
There is not and should not be a
rule of public policy precluding
the applicability of issue estoppel
to police disciplinary hearings
based upon judicial oversight of
police accountability; instead there
should be a flexible approach,
whereby courts have the discretion
to refuse to apply issue estoppel if
it will work an injustice, even
where the preconditions have been
met.
~
CRIMINAL LAW: CONSPIRACY
R. v. J.F.
(Ont. C.A., April 6, 2011)(34284)
2013 SCC 12 (March 1, 2013)
A person can be a party to the
offence of conspiracy as a matter of
law under s. 21. [emphasis in
original]. Where a person, with
knowledge of a conspiracy does
(or omits to do) something for the
purpose of furthering the unlawful
object, with the knowledge and
consent of one or more of the
existing conspirators, this provides
powerful circumstantial evidence
ARCTIC OBITER MARCH/APRIL 2013 ■ 31