Law360 Canada

Courts can override Crown’s non-consent to judge-alone trial if necessary to protect Charter rights: SCC

Photo of Marie-Claude Bourassa, Directeur des poursuites criminelles et pénales

Marie-Claude Bourassa, co-counsel with Joëlle Huot for the respondent Crown, Quebec’s Directeur des poursuites criminelles et pénales, said the Supreme Court’s majority has established that the attorney general’s decision whether to consent to a judge‑alone trial under s. 473(1) of the Criminal Code does not fall within core prosecutorial discretion as it does not directly impact the nature and extent of the criminal jeopardy to which the accused will be subjected.

Friday, July 11, 2025 @ 5:43 PM

Elaborating on courts’ jurisdiction to review decisions involving prosecutorial discretion, the Supreme Court of Canada ruled in a Quebec homicide case that trial judges can override the Crown’s refusal to agree to a judge-alone trial, if it is necessary to protect the accused’s Charter rights. ... [read more]

N.S. requires hurt workers, employers to ‘work together’ in return to job

Tuesday, July 15, 2025 @ 4:40 PM

Nova Scotia now requires that injured workers and their employers cooperate in planning a return to work. ... [read more]

Court allows class action certification for settlement in real estate investment dispute

Tuesday, July 15, 2025 @ 4:02 PM

The Ontario Superior Court of Justice has allowed certification of a class action against approximately 32 named defendants for the purposes of settlement, relating to investors’ interest in a sold property and alleging various breaches and misappropriation of funds. ... [read more]

Ontario court expands right to reconsult counsel for strip searches

Tuesday, July 15, 2025 @ 2:55 PM

Ontario’s top court has ruled that the invasive nature of strip searches requires a second consultation with legal counsel after a suspect has been arrested. ... [read more]

B.C. court affirms Labour Board’s power to bar shifting ‘struck’ work beyond province

Tuesday, July 15, 2025 @ 2:32 PM

The British Columbia Court of Appeal has upheld an order that barred an airline catering provider from relying on catering crews outside of B.C to load meals onto flights going through Vancouver, where its workers were on strike. ... [read more]