R. v. Clifford

2017 SCC 9 [2017] 1 SCR 164 Court SCC Decision date 2017-02-20 Heard 2017-02-17 Docket 37140 English

PartiesHer Majesty The Queen Respondent

Counsel (4)

Solicitors for the appellant: Pringle, Chivers, Sparks, Teskey, Edmonton; Gowling WLG, Ottawa.
Solicitor for the respondent: Attorney General of British Columbia, Vancouver.
Solicitors for the intervener the Criminal Lawyers’ Association of Ontario: Dawe & Dineen, Toronto.
Solicitor for the intervener the Director of Public Prosecutions of Canada: Public Prosecution Service of Canada, Winnipeg and Ottawa.

Judges Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Côté, Suzanne; Brown, Russell; Rowe, Malcolm

Delivered by Abella .J. (Moldaver, Karakatsanis, Wagner, Côté, Brown and Rowe JJ. concurring)

On appeal from British Columbia

Contents

Reasons for Judgment — Abella .J. (Moldaver, Karakatsanis, Wagner, Côté, Brown and Rowe JJ. concurring)

Abella J. — A majority of this Court would dismiss the appeal, substantially for the reasons of Willcock J.A. While we appreciate the suggestions of the intervenors that the law be re-examined, we are not satisfied that such re-examination is warranted in this case, particularly where neither party has asked us to depart from the jurisprudence of this Court.

Justice Rowe would have allowed the appeal, based on the dissenting reasons of Newbury J.A., as set out in paras. 22-26 of her reasons.