Kathryn A. Gregory

Constitutional appeal concerning whether a provincial liquor-control provision limiting possession of non-provincially sourced alcohol violated s. 121 of the Constitution Act, 1867.

The Court held that s. 121 bars laws that in essence and primary purpose restrict interprovincial trade like tariffs, but does not invalidate laws whose trade impacts are incidental to broader regulatory objectives.

It also held that lower courts cannot depart from binding precedent absent genuinely transformative legal developments or new social and legislative facts.

Applying that framework, the impugned provision's main purpose was provincial control of liquor distribution and use, not trade restriction.

The appeal was allowed and the provision was upheld.

The appellant challenged pre-appeal detention after conviction for second degree murder under s. 679(3)(c) of the Criminal Code, focusing on whether detention was necessary in the public interest.

The Court clarified that the public-interest analysis balances enforceability and reviewability, with seriousness of offence, public safety, flight risk, and strength of appeal all assessed contextually from the perspective of a reasonable, informed public observer.

It further held that a reviewing panel under s. 680(1) owes deference on factual findings but may intervene for material legal or principled error, or where the decision is clearly unwarranted.

On the facts, negligible safety/flight concerns and clearly arguable grounds made detention clearly unwarranted.

The appeal was allowed, though no further order was made due to mootness.

In a criminal appeal from a provincial court of appeal, the Crown challenged the setting aside of a second degree murder conviction and the order for a new trial.

The central issues were errors in the jury charge, including failure to identify the unlawful act and failure to properly instruct on the elements of manslaughter.

The Court held that these legal errors prevented reliance on the curative proviso under s. 686(1)(b)(iii) of the Criminal Code.

The appeal was dismissed and the new trial order remained in place.