Michel Hélie

The appellant, convicted of a designated sexual offence, challenged the constitutionality of Christopher's Law, which mandates that sex offenders register with police.

He argued the law was ultra vires the province, rendered inoperative by federal paramountcy, and violated his rights under sections 7, 11, and 12 of the Charter.

The Court of Appeal dismissed the appeal, finding the legislation was a valid exercise of provincial power aimed at community safety, did not conflict with federal law, and did not constitute punishment.

The court also held that the law did not violate section 7, as its requirements were not overbroad or grossly disproportionate to the objective of protecting the public.

Inco Limited was charged with discharging untreated mine effluent into a creek and failing to report the discharge under the Ontario Water Resources Act.

The Crown appealed the summary conviction appeal judge's decision ordering a new trial on the basis that the trial court applied the incorrect test for water impairment.

Inco cross-appealed, arguing the charges should be stayed as an abuse of process because the environmental officer lacked statutory authority to conduct a warrantless inspection and violated the Charter rights of its employees.

The Court of Appeal dismissed the Crown's appeal, confirming that the capacity to impair water quality must be assessed based on the nature and circumstances of the discharge.

The Court allowed Inco's cross-appeal, holding that while the corporation lacked standing to assert its employees' Charter rights, a new trial was required to determine whether the officer had reasonable and probable grounds to believe an offence was committed before conducting the inspection, which would dictate whether a warrant was required.

The appellants, anchor tenants in shopping centres, challenged the constitutionality of shortfall recovery provisions in the Municipal Act.

These provisions allowed commercial landlords to recoup property tax shortfalls from tenants.

The appellants argued this constituted indirect taxation, which is ultra vires the Province under section 92(2) of the Constitution Act, 1867.

The Court of Appeal dismissed the appeal, holding that the provisions merely regulate the pre-existing transferability of a true land tax, which remains a valid direct tax.