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This week at the SCC

|Written By Heather Gardiner

The Supreme Court of Canada will hear six appeals this week including a notorious sex assault case from Nova Scotia involving businessman and hockey executive Ernest MacIntosh.

(Photo: Reuters)

April 22 — Nova Scotia — R. v. MacIntosh

Criminal law: Many complaints of indecent assault and gross indecency in the 1970s were made against Ernest MacIntosh from 1995 to 2001. MacIntosh moved to India in 1994 and the Crown sought to have him extradited, which India agreed to. MacIntosh applied for a stay of the proceedings, claiming his Charter right to be tried within a reasonable time had been violated. The motion was dismissed. Tried before a judge alone, MacIntosh was convicted of some of the charges. On appeal to the Court of Appeal, his convictions were quashed and the proceedings were stayed. There is a publication ban in the case.

By noon today, the Supreme Court had already dismissed the case. Oral judgment should be out within 48 hours.

Read the N.S. Court of Appeal’s decision.

Other related news articles:

MacIntosh case heading back to court, The Chronicle Herald

MacIntosh sex-abuse convictions overturned, CBC News

April 23 — Ontario — Hay v. R.

Criminal law: One man was killed and another injured after two gunmen opened fire in a Toronto nightclub. Leighton Hay was accused as one of the shooters based on an eyewitness’ identification of him and circumstantial evidence.

Read the Ontario Court of Appeal’s decision.

Other related news articles:

Supreme Court allows appeal of conviction in 2002 Toronto murder, Toronto Star

Defence, prosecution split on need for forensic hair testing, The Globe and Mail

April 24 — Quebec — Vivendi Canada Inc. v. Dell’Aniello

Class actions: Michel Dell’Aniello is a former employee of Seagram Co. Ltd. and vice president of a Seagram subsidiary. In 2000, Vivendi acquired Seagram. The dispute revolves around changes Vivendi made to the health insurance plan’s benefits for all retirees and their spouses.

Read the Quebec Court of Appeal’s decision.

Other related news articles:

La Cour autorise le recours collectif d’un Longueuillois, TVA Nouvelles

Class Actions: The Court says no to retirees, Lavery de Billy

April 25 — Newfoundland & Labrador — R. v. G.M.

Criminal law: G.M. was convicted of incest and sexual assaulting his daughter. He appealed on the basis that his lawyer failed to provide him with effective assistance. He submitted eight affidavits proffering fresh evidence. The majority of the Court of Appeal allowed the appeal and ordered a new trial because the lawyer’s decisions and omissions undermined the reliability of the judge’s conviction, causing a miscarriage of justice. There is a publication ban in the case.

Read the Newfoundland & Labrador Court of Appeal’s decision.

April 26 — Alberta — Pappas v. R.

Criminal law: Bill Pappas was convicted of second-degree murder. During a police interrogation, he confessed to shooting the victim. At trial, the Crown used Pappas’ post-offence conduct to argue against the defence. Pappas objected and the judge told the jury that the post-offence conduct wasn’t relevant to the issues it had to decide. Pappas appealed his conviction but it was dismissed by the majority of the Court of Appeal.

Read the Alberta Court of Appeal’s



Other related news articles:

Killer Bill Pappas gets 18 years, Calgary Sun

April 26 — Alberta — Cairney v. R.

Criminal law: After an altercation, Michael Cairney shot and killed his longtime friend Stephan Ferguson, who was the common law spouse of Cairney’s cousin. The defence of provocation was left with the jury. Cairney was acquitted of second-degree murder and convicted of manslaughter. The Court of Appeal allowed the appeal and ordered a new trial.

Read the Alberta Court of Appeal’s decision.

Other related news articles:

Nine years for shotgun slaying, Edmonton Sun

Update 12:24 pm: SCC decision in MacIntosh.





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