Case Studies On Supreme Court Of Canada Criminal Rulings
1. R. v. Oakes, [1986] 1 S.C.R. 103
Facts:
David Oakes was charged under the Narcotic Control Act for possession of a narcotic with intent to traffic. The law presumed that anyone found in possession of a certain amount of drugs intended to traffic them. Oakes challenged the presumption, arguing it violated his rights under Section 11(d) (presumption of innocence) of the Canadian Charter of Rights and Freedoms.
Legal Issue:
Does the reverse onus clause (presumption of intent to traffic) violate the presumption of innocence in Section 11(d) of the Charter?
Ruling:
The SCC ruled in favor of Oakes, declaring the reverse onus unconstitutional. The Court established the “Oakes test” for analyzing whether a law that limits Charter rights is justified under Section 1 (reasonable limits).
Significance:
Created a two-step test: (1) pressing and substantial objective, (2) proportionality (rational connection, minimal impairment, and balancing of effects).
Widely cited in all Charter rights cases.
2. R. v. Stinchcombe, [1991] 3 S.C.R. 326
Facts:
David Stinchcombe was charged with fraud. During trial, the Crown failed to disclose certain evidence (statements from witnesses) to the defense.
Legal Issue:
Does the Crown have a legal duty to disclose all relevant information to the defense in a criminal trial?
Ruling:
The SCC held that the Crown has a duty to disclose all relevant information, whether inculpatory or exculpatory, to the defense before trial. Failure to do so breaches the accused’s right to a fair trial.
Significance:
Established the principle of full disclosure.
Reinforced fairness in criminal proceedings and transparency.
3. R. v. Gladue, [1999] 1 S.C.R. 688
Facts:
Jamie Tanis Gladue, an Indigenous woman, was charged with manslaughter. At sentencing, the court failed to consider her background as an Indigenous person and the systemic factors contributing to her circumstances.
Legal Issue:
Should courts consider unique systemic and background factors of Indigenous offenders during sentencing under the Criminal Code?
Ruling:
The SCC ruled that courts must consider “Gladue factors”—systemic discrimination, colonial history, and personal circumstances—when sentencing Indigenous offenders.
Significance:
Promoted culturally sensitive sentencing.
Influenced sentencing provisions under Section 718.2(e) of the Criminal Code to reduce overrepresentation of Indigenous people in prisons.
4. R. v. Jordan, [2016] 1 S.C.R. 631
Facts:
Barrett Jordan faced criminal charges, but his trial was delayed for over 49 months due to court backlog and procedural delays.
Legal Issue:
What constitutes an unreasonable delay violating Section 11(b) of the Charter, which guarantees the right to a trial within a reasonable time?
Ruling:
The SCC set presumptive ceilings for trial delays:
18 months for cases in provincial court
30 months for cases in superior court
Delays beyond this are presumptively unreasonable, unless exceptional circumstances exist.
Significance:
Created a framework to combat slow criminal trials.
Put pressure on the justice system to reduce backlog and expedite proceedings.
5. R. v. Nur, [2015] 1 S.C.R. 773
Facts:
Ahmad Nur was convicted for possession of a loaded prohibited firearm. The law mandated a minimum sentence of four years for possession, regardless of circumstances. Nur argued this was cruel and unusual punishment under Section 12 of the Charter.
Legal Issue:
Do mandatory minimum sentences violate Section 12 of the Charter?
Ruling:
The SCC struck down the mandatory minimum sentence as unconstitutional because it could lead to grossly disproportionate punishment in circumstances not deserving such harsh penalties.
Significance:
Reinforced proportionality in sentencing.
Set limits on Parliament’s ability to impose mandatory minimum sentences in criminal law.
✅ Summary of Key Themes Across Cases:
Charter Rights Protection: Oakes, Jordan, Nur
Fair Trial Principles: Stinchcombe
Cultural Sensitivity in Sentencing: Gladue
Limits on State Power: Nur, Oakes
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