Supreme Court of Canada Hearings (English Audio)

• 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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• P.B. v. His Majesty the King (41422)

  The appellant, P.B., was charged with sexual assault for having allegedly sexually assaulted the complainant on three occasions in the course of one night. At trial, the complainant was the only witness called. The appellant argued that the complainant’s testimony was not sufficiently credible or reliable to prove the case against him beyond a reasonable doubt. In particular, he alleged that her evidence was unreliable because she claimed that her memory of the relevant events was based on “flashbacks”. The trial judge accepted the complainant’s evidence and found the appellant guilty. The appellant appealed his conviction on the basis that the trial judge failed to give sufficient reasons for his decision, in that he failed to make concrete factual findings about which parts of the complainant’s evidence he accepted and which he did not, and that the trial judge erred in evaluating the credibility and reliability of the complainant’s evidence, notably her “flashback” memory. The majority of the Court of Appeal for Saskatchewan dismissed the appeal. On the first issue, the majority found that the trial judge’s reasons were sufficient. Having read the trial judge’s reasons in a functional and contextual manner, the majority concluded that there is no difficulty discerning what the trial judge decided, from a factual standpoint, and why. The majority found the reasons also contained enough detail to permit appellate review for error. As for the second issue, the majority found that the trial judge’s conclusion on the credibility and reliability of the complainant’s evidence is one that a reasonable view of the evidence supports. As such, the majority concluded that there was no proper basis to interfere. In dissent, Barrington-Foote J.A. would have allowed the appeal, set aside the conviction, and ordered a new trial. He concluded that the trial reasons are insufficient to permit effective appellate review and that the trial judge’s analysis on the reliability issues arising from the evidence was very brief and was not enough in the circumstances of this case. Argued Date 2025-03-21 Keywords Criminal law — Evidence — Assessment — Credibility — Sufficiency of reasons — Whether the trial judge erred by failing to provide sufficient reasons — Whether the trial judge erred by failing to identify and apply the correct approach to the analysis of the reliability of evidence of recovered memories based on flashbacks. Notes (Saskatchewan) (Criminal) (As of Right) (Publication ban in case) 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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• R.A. v. His Majesty the King (41421)

  In 1978, the appellant, R.A., was babysitting the then five-year-old complainant at his home. In a statement made to the police, he explained that he asked the complainant to touch him and she did so. The appellant was charged with one count of indecently assaulting the complainant contrary to s. 149 of the Criminal Code, R.S.C. 1970, c. C-34. Following a trial in the Provincial Court, the appellant was acquitted on the basis that there had been no “assault” under the Criminal Code. There had been no direct, intentional application of force to the complainant and no attempt or threat by an act or gesture to apply force to the complainant.On appeal, the Crown submitted that the trial judge erred by misinterpreting the elements of assault and holding that the sexual touching had to be physically initiated by the accused. The Court of Appeal unanimously allowed the appeal and set aside the acquittal. It concluded that the appellant touched the complainant in a manner constituting an assault and that any intentional contact with a child by an adult that is committed in circumstances of a sexual nature constitutes a direct and intentional application of force by the adult to the child’s person, regardless of whose physical movement initiated the contact. Considering that the only issue was whether the appellant’s conduct amounted to an assault and that the question had been answered in the affirmative, the court entered a conviction for indecent assault and remitted the matter to the Provincial Court for the appellant to be sentenced. Argued Date 2025-03-20 Keywords Criminal law — Indecent assault — Elements of offence — Intentional application of force — Did the Court of Appeal for British Columbia err in holding that in order to ground the offence of indecent assault in 1978, the element of assault did not require the intentional application of force by an accused? — Criminal Code, R.S.C. 1970, c. C-34, s. 149. Notes (British Columbia) (Criminal) (As of Right) (Publication ban in case) 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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• Amari Donawa v. His Majesty the King (41287)

  During a roadside stop, the police found a handgun in the fanny pack belonging to the appellant, Mr. Amari Donawa. The handgun was sent to the Centre of Forensic Sciences, but for reasons that were not explained, the police did not send the magazine or the ammunition.At trial, the expert testified that the handgun could not be fired easily without the magazine. The trial judge, Justice Edward of the Ontario Court of Justice, found that the handgun was not a firearm because making it operational, according to the expert, required special expertise, considerable time, and part not readily available. The Crown appealed Mr. Donawa’s acquittals entered by the trial judge on the various firearm offences. The central issue in the appeal was whether the trial judge was correct in his finding that the handgun was not a firearm as defined in s. 2 of the Criminal Code. The Court of Appeal unanimously allowed the Crown’s appeal and set aside the acquittals. It entered convictions on two counts (careless storage of a firearm and possession of a firearm with an altered serial number) and ordered a new trial on other counts. In its view, the trial judge made a number of errors in reaching his conclusion. He failed to consider whether the handgun, as found, was operable, based on the evidence. The failure to consider all of the evidence in relation to the ultimate issue of guilt or innocence was an error of law. Argued Date 2025-03-26 Keywords Criminal Law —Firearm — Definition of firearm in Criminal Code — Evidence — Assessment — Does the definition of a “firearm” under s. 2 of the Criminal Code always dispense with proof of the availability of a functional magazine? — Did the Court of Appeal for Ontario err in finding that the trial judge had failed to consider all of the evidence in relation to the ultimate issue of guilt or innocence? — Criminal Code, R.S.C. 1985, c. C-46, s. 2 “firearm”. 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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• Mohawk Council of Kanesatake v. Louis-Victor Sylvestre, et al. (41131)

  The respondents are various professionals who obtained judgments against the appellant in 2004, to which a ten-year prescriptive period applies under art. 2924 of the Civil Code of Québec. Certain actions interrupted prescription between 2005 and 2007, after which prescription started running again.A bailiff served a notice of execution on the appellant in 2016, which authorized the bailiff to seize the appellant’s movable property. However, the bailiff concluded that the appellant’s movable property was exempt from seizure pursuant to section 89 of the Indian Act. The bailiff later had discussions with the appellant’s Grand Chief and was informed that there was no property outside of its land base. The bailiff did not prepare and file minutes of seizure. Subsequently, the appellant informed the respondents that it held a property outside of its land base but that it was exempt from seizure. The respondents registered a legal hypothec against that property.The appellant sought a declaration that the prescriptive period applicable to the judgment had expired before the respondents registered the hypothec. The trial judge concluded that prescription had been interrupted in November 2016 when the respondents served a notice of execution on the appellant. The actions of the respondents amounted to a judicial application that interrupted prescription per article 2892 C.C.Q. Although the seizure was unfruitful, it had not been dismissed or annulled by a court, in which case prescription would not have been interrupted, per article 2894 C.C.Q. The Court of Appeal dismissed the appeal and affirmed the trial judge’s decision. Argued Date 2025-03-19 Keywords Prescription — Extinctive prescription — Interruption of prescription — Whether service of notice of execution interrupted prescription — Whether service of notice of execution amounts to unsuccessful seizure if there are no assets available to seize — Whether section 89 of the Indian Act applies so as to render appellant’s movable property unseizable — Civil Code of Québec, arts. 2892, 2894 — Indian Act, R.S.C. 1985, c. I-5, s. 89. Notes (Quebec) (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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