Supreme Court of Canada Hearings (English Audio)

• Tony Rousselle v. His Majesty the King (41153)

  Mr. Rousselle was arrested for impaired driving and administered a breathalyser test. Based on the results of the test, he was charged with having a blood alcohol concentration equal to or exceeding 80 mg of alcohol in 100 mL of blood within two hours of ceasing to operate a motor vehicle. At trial, a Certificate of Qualified Technician from the officer who administered the breathalyzer test was admitted into evidence but the trial judge refused to admit two certificates of analysts who had certified the target value of the alcohol standard used by the qualified technician to conduct a required system calibration check of the breathalyzer device. The trial judge held the Certificate of Qualified Technician was not evidence of the target value of an alcohol standard and proof of the target value of an alcohol standard was a pre-condition to the Crown relying on the presumption in s. 320.31(1) of the Criminal Code that breathalyzer test results are conclusive proof of blood alcohol concentration. The trial judge acquitted Mr. Rousselle. A summary conviction appeal was allowed, the acquittal was set aside and a conviction was entered. The Court of appeal dismissed an appeal. Argued Date 2025-04-24 Keywords Criminal law — Evidence — Breathalyser test results — Target value of alcohol standard — Whether Court of Appeal erred in interpretation of s. 320.31(1)(a) of Criminal Code as permitting Crown to prove alcohol standard was certified by an analyst through hearsay evidence of qualified technician? Notes (New Brunswick) (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).

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• His Majesty the King v. Paul Sheppard (41126)

  The complainant was at that time, a grade 7 student at an all-male boarding school in Alberta. The respondent was a teacher at the school. After a trial by judge and jury, the respondent was found guilty of sexual interference (count 1), invitation to sexual touching (count 2), and sexual assault (count 3) of a person under the age of 14 years. The offences occurred in 1993 and 1994. In view of the multiple incidents in this case, the sentencing judge was satisfied that it was appropriate to sentence the respondent on counts 1 and 2. Convictions were entered on counts 1 and 2. The charge of sexual assault was stayed in accordance with Kienapple. The respondent was sentenced to a six year prison term with the counts to be served concurrently. A majority of the Alberta Court of Appeal (Wakeling and Feehan JJ.A.) allowed the respondent’s sentence appeal reducing the sentence to 47 months. Crighton J.A., dissented and would have upheld the six year sentence imposed by the sentencing judge. Argued Date 2025-04-23 Keywords Criminal law – Sentencing – Did the Alberta Court of Appeal err in law in finding the sentencing judge’s reasons for sentence to be insufficient? Do the principles articulated in R. v. Friesen apply to historic offences? Did the Alberta Court of Appeal err in interfering with the sentence imposed at trial? 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).

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  1:33:28
• Buddy Ray Underwood v. His Majesty the King (41434)

  After a trial by judge alone, the appellant, Buddy Ray Underwood, was convicted of robbery, kidnapping, unlawful confinement and murder. The trial judge acquitted the appellant of first degree murder but entered a conviction for the included offence of second degree murder instead. The respondent Crown appealed the acquittal and the appellant cross-appealed the conviction. The Court of Appeal unanimously allowed the Crown’s appeal, quashed the acquittal on first degree murder and substituted a conviction for first degree murder under ss. 231(2) and (5) of the Criminal Code, R.S.C. 1985, c. C-46. First, the court agreed with the Crown that the trial judge erred in law in his analysis of constructive first degree murder by narrowing the causation analysis to focus exclusively on the direct medical cause of death. Second, the court concluded that the trial judge erred in law by misapprehending the time frame for assessing planning as well as the meaning of “planned” more generally. The appellant’s cross-appeal, not at issue, was dismissed. Argued Date 2025-04-17 Keywords Criminal law – Appeals – Murder – First degree murder – Elements of offence – Constructive first degree murder – Planning and deliberation – Whether the Court of Appeal erred in law in convicting the appellant of first degree murder by concluding that his actions satisfied the elements of s. 231(2) and (5)(e) of the Criminal Code, R.S.C. 1985, c. C-46. 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).

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• Canadian Civil Liberties Association, et al. v. His Majesty the King in Right of Newfoundland and Labrador, et al. (40952)

  In 2020 the Chief Medical Officer of Health for Newfoundland and Labrador issued certain orders under the province’s Public Health Protection and Promotion Act, in an effort to curtail the spread of COVID-19. These orders restricted travel, by limiting the circumstances in which non-residents were permitted to enter the province. Appellant Kimberley Taylor resides in Nova Scotia. Her mother, a resident of Newfoundland and Labrador, passed away suddenly in 2020. Ms. Taylor sought an exemption from the travel restrictions in order to attend her mother’s funeral. Her request was denied. Ms. Taylor brought an application seeking a declaration that the travel restriction orders, and the provision of the Act under which they were issued, were beyond the legislative authority of the province and of no force and effect. Ms. Taylor also argued that the travel restrictions violated her rights under the Canadian Charter of Rights and Freedoms. The Supreme Court of Newfoundland and Labrador dismissed the application. The application judge held that the legislation at issue was constitutional, but that the right to remain in Canada, protected by s. 6(1) of the Charter, included a right of mobility simpliciter within Canada. The decision to deny Ms. Taylor entry into the province infringed her s. 6(1) right to mobility, but the infringement was justified under s. 1 of the Charter. By the time the appeal and cross-appeal from that judgment came before the Court of Appeal of Newfoundland and Labrador, the travel restrictions were no longer in effect. The Court of Appeal declined to hear the appeal and cross-appeal on the basis that they were moot. Argued Date 2025-04-16 Keywords Charter of Rights – Mobility rights – Public health – COVID-19 – Chief medical officer of health issuing orders pursuant to provincial legislation to restrict travel into province during public health emergency – Appellant seeking to enter province to attend funeral – Appellant denied entry – Whether travel restriction order unconstitutional – Whether travel restriction order violates s. 6(1) of Canadian Charter of Rights and Freedoms – Whether travel restriction order violates s. 6(2)(a) of Charter – Whether s. 6 violation justified by s. 1 of Charter – Whether Court of Appeal correct to reject appeal as moot – Public Health Protection and Promotion Act, S.N.L. 2018, c. P-37.3, s. 28(1)(h). Notes (Newfoundland & Labrador) (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).

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  3:27:38
• Shamar Meredith v. His Majesty the King (41370)

  The appellant, Shamar Meredith, and a co-accused were charged with first degree murder. The victim was shot multiple times in the washroom area of a restaurant. Prior to the trial, the Crown brought a motion to have a video admitted as prior discreditable conduct evidence. The trial judge ruled that the video was admissible. After the written ruling was released and before the video was played for the jury, the appellant and the co-accused brought a motion to have the trial judge reconsider his decision on the prior discreditable conduct motion, which was dismissed. The appellant was eventually found guilty of second-degree murder by a jury. The appellant appealed his conviction. He raised, among other grounds of appeal, that the trial judge erred in admitting the video as evidence of prior discreditable conduct and/or failed to properly instruct the jury on the permissible use of such evidence. The majority of the Court of Appeal for Ontario dismissed the appeal. The majority found that the trial judge applied the correct legal test in deciding to admit the video, and that his assessment of the probative value and prejudicial effect of the video was reasonable. Further, the majority found that trial judge correctly instructed the jury on the permitted and prohibited uses of the video. In dissent, van Rensburg J.A., would have allowed the appeal and directed a new trial on the charge of second-degree murder. She found that the trial judge erred in law (1) in concluding that the video was probative of whether the appellant and the co-accused were engaged in a joint enterprise to kill the victim, and admitting the video for this purpose; (2) in admitting the video for any purpose after the appellant and the co-accused offered to make certain admissions under s. 655 of the Criminal Code; and (3) in his instructions to the jury about the permitted and prohibited uses of the video, which were internally inconsistent, specifically instructed the jury to use the video for an improper purpose, and did not alleviate the significant prejudice to the appellant and the co-accused that resulted from the admission of this evidence. Argued Date 2025-03-24 Keywords Criminal law — Evidence — Admissibility — Prior discreditable conduct evidence— Charge to jury — Whether the trial judge erred in admitting evidence of prior discreditable conduct as probative of whether the appellant and his co-accused were involved in a joint enterprise to kill the victim — Whether the trial judge erred in admitting the evidence of prior discreditable conduct after the appellant and his co-accused proposed to make admissions covering and negating its probative value — Whether the trial judge erred in his instructions to the jury regarding the permitted and prohibited uses of the prior discreditable conduct and failed to alleviate the prejudice to the appellant and his co-accused. Notes (Ontario) (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).

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  1:29:42

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