Supreme Court of Canada Hearings (Floor Audio)

• His Majesty the King in Right of Canada v. Robert Vrbanic, et al. (41741)

  The respondents, Robert Vrbanic and Sarah Josipovic, were jointly charged with possession of significant quantities of four different drugs for the purpose of trafficking and possession of the proceeds of crime. They sought a stay of proceedings, arguing that their right to a trial within a reasonable time had been breached. The appellant Crown did not dispute that the delay in this case was over the 18-month presumptive ceiling established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, for a trial in the Ontario Court of Justice, but argued that this delay was justified by the complexity of the case. The application judge concluded that the delay was not justified as an exceptional circumstance on the basis of the complexity of the case, and ordered a stay of proceedings. The Crown appealed the application judge’s order. The majority of the Court of Appeal for Ontario dismissed the appeal. It found that the application judge’s assessment of the complexity of the case was free of legal error and entitled to deference. Roberts J.A., dissenting, would have allowed the appeal and set aside the stay of proceedings on the basis that the application judge’s miscalculation of the net delay and misapplication of the governing principles respecting exceptional circumstances materially affected his ultimate decision as to whether the delay was unreasonable. Argued Date 2025-12-04 Keywords Charter of Rights — Right to be tried within a reasonable time — Exceptional circumstances — Complexity of case — Remedy — Stay of proceedings — Whether the application judge misapplied the governing principles on s. 11(b) Charter litigation by miscalculating the net delay and failing to properly assess complexity — Whether the determination of complexity, for the purposes of an exceptional circumstance under the s. 11(b) framework, ought to be evaluated within the context of the case as a whole — Canadian Charter of Rights and Freedoms, s. 11(b). Notes (Ontario) (Criminal) (As of Right) Language Floor 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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• W.W. v. His Majesty the King (41730)

  The appellant was acquitted at trial of transmitting sexually explicit material to a person under the age of 16 for the purpose of facilitating the commission of either a sexual assault or the indecent act of exposing his genital organs to a person under 16 years of age for a sexual purpose. The trial judge accepted that the appellant sent sexually explicit material to a minor, but he was left with a reasonable doubt on two elements : the identity of the appellant in a sexually explicit video and the specific intent to transmit the material for the purpose of facilitating the commission of an enumerated offence. The trial judge concluded that the transmission of the material could have been “flirtation” and was left with a doubt as to whether the appellant personally intended to commit one of the enumerated offences.The Court of Appeal held that the trial judge erred in acquitting the appellant. The Crown was not required to prove the identity of the appellant in the transmitted video, nor was it required to prove that the appellant personally intended to commit one of the enumerated offences. The conduct referred to by the trial judge as “flirtation” is a tool used to facilitate the commission of sexual offences against children. In its view, but for the trial judge’s errors, the appellant would have been convicted. The Court of Appeal set aside the acquittal and entered a conviction. Argued Date 2025-11-14 Keywords Criminal Law —Transmit sexually explicit material to a person under age of 16 for purpose of facilitating commission of sexual assault or indecent act — Elements of offence — Powers of Court of Appeal — Whether Court of Appeal exceeded jurisdiction by allowing appeal and quashing acquittal under Criminal Code, R.S.C. 1985, c. C-46, s. 171.1(1)(b), because alleged errors were errors of fact — Whether Court of Appeal exceeded jurisdiction by substituting conviction for acquittal under s. 171.1(1)(b) based on its own findings of fact. Notes (Ontario) (Criminal) (As of Right) (Publication ban in case) Language Floor 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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• Attorney General of Québec v. SGS Canada inc. (41334)

  The respondent, SGS Canada Inc. (SGS), is a subsidiary of a foreign company that offers inspection, analysis, certification and quality control services with respect to Canadian grain destined for interprovincial trade and international export. On November 22, 2019, the intervener Syndicat des travailleuses et travailleurs des industries manufacturières – CSN filed a petition for certification with the Administrative Labour Tribunal (ALT) under the Labour Code, CQLR, c. C 27. The union wanted to represent inspectors and grain graders employed by SGS in Quebec, who work mainly at grain elevators located in Quebec ports along the St. Lawrence River. In December 2019, SGS notified the appellant, the Attorney General of Quebec, that it intended to challenge the ALT’s jurisdiction. It argued that the certification of the employees in question did not fall under provincial jurisdiction, but rather under direct federal jurisdiction with respect to the regulation of labour relations because the employment relates to a work, undertaking or business within the legislative authority of Parliament within the meaning of the case law of the Supreme Court of Canada and therefore that it was up to the Canada Industrial Relations Board to dispose of the petition for certification in accordance with the Canada Labour Code, R.S.C. 1985, c. L 2. In July 2020, SGS gave its agreement on the composition of the proposed bargaining unit, whose representative character was also established. On February 26, 2021, the ALT refused the petition for certification under the Labour Code. The ALT found that the unit contemplated in the union’s petition for certification was subject to derivative federal legislative jurisdiction and that consequently the petition was refused. The Superior Court dismissed the application for judicial review, and the Court of Appeal dismissed the appeal. Argued Date 2025-12-02 Keywords Constitutional law — Division of powers — Labour relations — Direct and derivative federal jurisdiction — Works declared “for the general advantage of Canada” — Company operating “elevators” within meaning of Canada Grain Act — Whether SGS’s labour relations fall directly under federal jurisdiction over works declared for the general advantage of Canada pursuant to s. 92(10)(c) of Constitution Act, 1867 by reason of its inspection activities — Whether SGS’s labour relations fall derivatively under federal jurisdiction over works declared for the general advantage of Canada pursuant to s. 92(10)(c) of Constitution Act, 1867 by reason of its inspection activities — Canada Grain Act, R.S.C. 1985, c. G 10, s. 55 — Constitution Act, 1867, ss. 91(29) and 92(10)(c). Notes (Quebec) (Civil) (By Leave) Language Floor 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. Dylon Saddleback (41567)

  The respondent was accused of beating a person to death with an axe. Prior to his death, the deceased socialized with the respondent and a number of other persons. At some point, many people left to another venue but the respondent and the deceased remained. The deceased made a phone call to a third party in which he referred to having to fight someone. That person testified to the time of the phone call and the words used by the deceased; she also testified to hearing sounds consistent with the deceased having been beaten to death.The respondent was convicted of second-degree murder following a trial by judge alone. The trial judge referred to the statement of the deceased by phone in her decision. A majority of the Court of Appeal held that the trial judge improperly used the statement for a hearsay purpose rather than only the fact that the statement was made. The majority allowed the appeal from conviction and ordered a new trial. Crighton J.A., dissenting, would have dismissed the appeal on the basis that the trial judge did not err in her treatment of the statement of the deceased. Argued Date 2025-11-12 Keywords Criminal Law — Evidence — Hearsay — Statement of deceased shortly before death — Use of statement of the deceased by trial judge — Whether statement by deceased was used for a hearsay purpose — Whether majority of Court of Appeal erred in holding that trial judge improperly admitted statement for truth of its content —Whether majority of Court of Appeal erred in setting aside conviction for murder Notes (Alberta) (Criminal) (As of Right) Language Floor 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. Elijah Jacques-Taylor (41430)

  Mr. Jacques-Taylor and a co-accused were jointly charged with firearms offences. On July 6, 2022, each co-accused’s defence counsel, Crown counsel, and a trial coordinator appeared in court to set a trial date. Mr. Jacques-Taylor’s counsel was available for the first available court date of August 8, 2022 or for any date in August but was not available in September. Crown counsel was available for the first available court date of August 8, 2022. Counsel for Mr. Jacques-Taylor’s co-accused was not available for any date in August. Counsel agreed on trial dates from October 2 to 4, 2022. Time from laying of charges to the anticipated start of trial was 22 months and 2 weeks. Mr. Jacques-Taylor filed a motion to stay the proceedings against him for unreasonable delay in breach of his right to be tried within a reasonable time guaranteed by s. 11 (b) of the Charter of Rights and Freedoms. The motions judge, after attributing delay, calculated net delay to be 2 weeks over the 18-month presumptive ceiling. The motions judge declined to attribute 25 days of the delay following the appearance to schedule trial dates that were caused only by the unavailability of counsel for the co-accused as defence delay. Had those 25 days been attributed to the defence, the net delay would have been below the presumptive ceiling. The motions judge granted a stay of proceedings. The Court of Appeal dismissed an appeal. Argued Date 2025-11-07 Keywords Charter of Rights and Freedoms — Right to be tried within a reasonable time — Co-accused being tried jointly — Delay for accused, including period of delay caused only by unavailability of co-accused’s counsel for available court dates, exceeding presumptive Jordan ceiling — Where it is in the interests of justice to pursue a joint prosecution, how is the Jordan framework to be applied as to each accused — What is the scope and proper application of the contextual approach to delay set out in R. v. Hanan, 2023 SCC 12? Notes (Ontario) (Criminal) (By Leave) Language Floor 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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