Phillip C. Rankin

The Court allowed the appeals and held that former section 117 of the Immigration and Refugee Protection Act was overbroad under section 7 of the Charter.

It captured humanitarian aid, mutual aid among asylum-seekers, and assistance to family members, which fell outside Parliament’s objective of targeting organized people smuggling.

Attorney General consent to prosecute did not cure the constitutional defect.

The Court read down the former provision to exclude those protected categories and remitted the charges for trial.

The appellant and three accomplices broke into a residence.

During the break and enter, the intruders repeatedly referred to having a gun.

A loaded handgun was later found in their getaway car.

The appellant was convicted of using a firearm while committing an indictable offence under s. 85(1) of the Criminal Code.

The Supreme Court of Canada dismissed the appeal, holding that an offender 'uses' a firearm when they reveal its actual presence or immediate availability by words or conduct to facilitate an offence, and the weapon is in their physical possession or readily at hand.

The respondents were charged with soliciting for the purpose of prostitution after approaching undercover police officers.

Prior to approaching the officers, each respondent had approached several other unidentified men.

The Crown argued that the cumulative effect of the earlier approaches supplied the element of persistence required for the offence of soliciting.

The Supreme Court of Canada dismissed the Crown's appeals, holding that the persistent or pressing conduct must be found in the actual approach to the person alleged to have been solicited, and cannot be inferred from unconnected prior approaches to unknown individuals.