Diane Oleskiw

The Crown appealed a sentence imposed for a violent offence committed by an offender with a prior record for violence, addictions, and mental health concerns.

The court accepted that the offender had posed a significant danger at the time of the offence, but emphasized the substantial rehabilitation achieved before and after sentencing.

The sentencing judge had carefully considered the authorities and tailored a conditional sentence to minimize the risk of reoffending while preserving rehabilitation prospects and community protection.

Leave to appeal was granted, but the sentence appeal was dismissed.

The respondent, charged with indecent assault, sought the production of the complainant's counselling records held by third-party institutions.

The trial judge ordered the records produced.

The third parties appealed the interlocutory order.

The Supreme Court of Canada held that it had jurisdiction to hear the appeal under s. 40(1) of the Supreme Court Act.

On the substantive issue, the Court applied the framework established in the companion case of R. v. O'Connor, balancing the accused's right to make full answer and defence against the complainant's privacy and equality rights.

The Court found that the trial judge erred in ordering production without first determining likely relevance and balancing the competing Charter rights.

The appeal was allowed and the order for production was quashed.

A public sector employee challenged a Rand formula dues check-off clause and related statutory provisions, arguing that compulsory union dues used for political and social causes violated the Charter.

The Court held that the Charter applied because the dues obligation arose through government action involving a Crown-controlled public sector employer.

A majority dismissed the appeal, concluding there was no infringement of freedom of expression and no basis for relief under freedom of association, although the judges differed significantly on whether s. 2(d) included protection against compelled association and whether any prima facie infringement occurred.

The decision is a leading authority on Charter application to public sector labour relations, compelled association, and the constitutional treatment of mandatory union dues.