Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving Charter damages and whether a claim for compensation against the government survives after the claimant dies. The case arose after an individual sued the state, alleging violations […]
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving joint sentencing submissions and the power imbalance between the Crown and the defence. Lance Littlewolf pleaded guilty to manslaughter and, through a joint submission, was sentenced to
In this episode, Kyla Lee from Acumen Law Corporation examines a case arising from the Supreme Court of Canada’s decision striking down consecutive periods of parole ineligibility for multiple murder convictions. Once those sentences were declared unconstitutional, individuals already serving them began seeking remedies. The legal question became not whether the sentences were unconstitutional, but
In this episode, Kyla Lee from Acumen Law Corporation examines a case involving immigration sponsorship, religious freedom, and the recognition of non-traditional forms of parenthood. The case concerned a child who had been abandoned or left without parental care and was taken in through a form of guardianship recognized in Islamic tradition. The Canadian family
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving fresh evidence on appeal and how existing evidentiary rules interact with the unique procedures that govern sexual assault trials. Canadian courts have long applied the Palmer test
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving a doctor’s potential duty of care to third parties who may be harmed by a patient. The case arose after a patient with a history of mental
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving evidentiary screening applications in sexual assault trials. Canadian law requires special procedures before certain types of evidence can be introduced, particularly where the evidence relates to a
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving international child abduction, refugee claims, and the Hague Convention. Under the Hague Convention, children who are wrongfully removed from one country to another are generally expected to
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines another case dealing with unreasonable delay and the ongoing challenges in applying the Jordan framework. The accused was initially successful in arguing that their right to be tried within a
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving the defence of colour-of-right and its potential application in protest-related contempt proceedings. Colour-of-right is typically raised where someone believes they are entitled to property and acts on
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving delay in criminal trials and whether time taken by judges to decide mid-trial issues should count toward the Jordan ceiling. In a Quebec case, the accused argued
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!” In this episode, Kyla Lee from Acumen Law Corporation examines a case involving jury instructions and the role of addressing myths and stereotypes in criminal trials. A First Nations man, Necan, was charged with an offence allegedly committed after consuming
