The Supreme Court of Canada will hear three appeals this week, the second of its fall session. All three appeals are of decisions in criminal cases, including an appeal of a Federal Court of Appeal decision on the use of prison assessment tools on aboriginal inmates.
October 11 – Alberta – Suter v. R.
Criminal law: The applicant pled guilty to the offence of refusing to provide a breath sample following a collision causing death. Suter had spoken to a lawyer who advised him not to provide a breath sample, and he followed that advice. The sentencing judge found as fact that Suter was not impaired at the time of the collision; he was sentenced to four months of incarceration and a 30-month driving prohibition. The Court of Appeal allowed the Crown’s appeal and imposed a period of imprisonment of 26 months.