Supreme Court of Canada Hearings (English Audio)

The appellant, Democracy Watch applied for judicial review of a report by the Conflict of Interest Ethics Commissioner (“Commissioner”). The report concluded that the former Prime Minister Justin Trudeau did not contravene the Conflict of Interest Act, S.C. 2006, c. 9, s. 2, (the “COIA”) when he participated in two decisions involving WE Charity. The respondent, Attorney General of Canada moved to strike the application, arguing that Democracy Watch lacked standing and that the application was based on grounds barred from judicial review by s. 66 of the COIA, which prevents an applicant from bringing an application for judicial review on questions of law and fact. Under s. 66, the Commissioner’s decisions can only be reviewed on the grounds limited to issues of jurisdiction, procedural fairness, or acting or failing to act “by reason of fraud or perjured evidence.”On December 5, 2022, the Federal Court of Appeal ruled that the appellant has public interest standing, but left the issue of whether the application was barred by s. 66 to the panel hearing the application.The Federal Court of Appeal granted the Attorney General’s motion to strike the application for judicial review. Democracy Watch’s application for judicial review was dismissed. Argued Date 2026-01-15 Keywords Administrative law — Judicial review — Privative clause — Federal Court of Appeal finding available alternative political remedies combined with relevant provisions of Conflict of Interest Act effectively barring intervention — Application for judicial review dismissed — Whether possibility of political oversight is adequate alternative remedy to judicial review — Whether partial privative clause in s. 66 of Conflict of Interest Act precludes application for judicial review — If yes, whether s. 66 is of no force and effect because it is inconsistent with Constitution Act, 1867 — Conflict of Interest Act, S.C. 2006, c. 9, s. 66. Notes (Federal) (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 appellant, Democracy Watch applied for judicial review of a report by the Conflict of Interest Ethics Commissioner (“Commissioner”). The report concluded that the former Prime Minister Justin Trudeau did not contravene the Conflict of Interest Act, S.C. 2006, c. 9, s. 2, (the “COIA”) when he participated in two decisions involving WE Charity. The respondent, Attorney General of Canada moved to strike the application, arguing that Democracy Watch lacked standing and that the application was based on grounds barred from judicial review by s. 66 of the COIA, which prevents an applicant from bringing an application for judicial review on questions of law and fact. Under s. 66, the Commissioner’s decisions can only be reviewed on the grounds limited to issues of jurisdiction, procedural fairness, or acting or failing to act “by reason of fraud or perjured evidence.”On December 5, 2022, the Federal Court of Appeal ruled that the appellant has public interest standing, but left the issue of whether the application was barred by s. 66 to the panel hearing the application.The Federal Court of Appeal granted the Attorney General’s motion to strike the application for judicial review. Democracy Watch’s application for judicial review was dismissed. Argued Date 2026-01-14 Keywords Administrative law — Judicial review — Privative clause — Federal Court of Appeal finding available alternative political remedies combined with relevant provisions of Conflict of Interest Act effectively barring intervention — Application for judicial review dismissed — Whether possibility of political oversight is adequate alternative remedy to judicial review — Whether partial privative clause in s. 66 of Conflict of Interest Act precludes application for judicial review — If yes, whether s. 66 is of no force and effect because it is inconsistent with Constitution Act, 1867 — Conflict of Interest Act, S.C. 2006, c. 9, s. 66. Notes (Federal) (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).

Two fictitious advertisements were published by the police on Internet sites offering escort services; the text of the advertisements highlighted the youthfulness of the people. Mr. Denis communicated with someone who turned out to be a police officer acting in an undercover capacity. She stated that she mentioned the young girl’s age at least four times but that Mr. Denis did not react to that information. He was arrested by the police when he entered the room where the “escort” was.Following the trial, Mr. Denis was convicted of the offence under s. 286.1(2) of the Criminal Code (communication for the purpose of obtaining sexual services for consideration from a person under the age of 18 years). He brought a motion to have the mandatory minimum sentence declared invalid and of no force or effect. The trial judge, considering the six month minimum sentence to be appropriate, did not conduct the Charter analysis. The Court of Appeal allowed the appeal in part to rule on the constitutional validity of the mandatory minimum sentence and declare it invalid and of no force or effect, in accordance with s. 52(1) of the Charter. Argued Date 2026-01-13 Keywords Criminal law — Abuse of process — Entrapment — Cruel and unusual treatment or punishment — Mandatory minimum sentence — Commodification of sexual activity as regards person under age of 18 years — Whether s. 286.1(2)(a) of Criminal Code breaches s. 12 of Canadian Charter of Rights and Freedoms — If it does, whether it is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms — Criminal Code, R.S.C. 1985, c. C 46, s. 286.1 — Canadian Charter of Rights and Freedoms, ss. 12, 24(1) and 52(1). 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).

The Indigenous respondent pleaded guilty to the aggravated assault of his Indigenous common law partner. He had a significant criminal record and a history of serious mental illness. The sentencing judge concluded the respondent’s incarceration was required to protect the public. The respondent was sentenced to five years in prison for the aggravated assault and eight months’ incarceration for breaches of release orders. A majority of the Court of Appeal granted leave to appeal the sentence, allowed the appeal, and varied the sentence to three years’ imprisonment for aggravated assault. The dissenting justice would have granted leave to appeal and dismissed the appeal. Argued Date 2025-12-12 Keywords Criminal law — Sentencing — Considerations — Aboriginal offender and Aboriginal female victim — Sentencing of Aboriginal offender for aggravated assault — Offence against vulnerable person — What does the deferential standard of review mean in terms of weighing sentencing factors and making factual findings? — How should courts approach sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply? Notes (Nova Scotia) (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).

The Indigenous respondent pleaded guilty to the aggravated assault of his Indigenous common law partner. He had a significant criminal record and a history of serious mental illness. The sentencing judge concluded the respondent’s incarceration was required to protect the public. The respondent was sentenced to five years in prison for the aggravated assault and eight months’ incarceration for breaches of release orders. A majority of the Court of Appeal granted leave to appeal the sentence, allowed the appeal, and varied the sentence to three years’ imprisonment for aggravated assault. The dissenting justice would have granted leave to appeal and dismissed the appeal. Argued Date 2025-12-11 Keywords Criminal law — Sentencing — Considerations — Aboriginal offender and Aboriginal female victim — Sentencing of Aboriginal offender for aggravated assault — Offence against vulnerable person — What does the deferential standard of review mean in terms of weighing sentencing factors and making factual findings? — How should courts approach sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply? Notes (Nova Scotia) (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).