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Articles by Azka Anees
A&O Shearman advises Fairfax on USD1.65 billion consortium acquisition of Kennedy Wilson
A&O Shearman is advising Fairfax Financial Holdings Limited (TSX: FFH and FFH.U) (“Fairfax”) in the acquisition of Kennedy-Wilson Holdings, Inc. (NYSE: KW) (“Kennedy Wilson”) in a take-private transaction by a consortium led by Kennedy Wilson’s Chairman and CEO and certain other senior executives of the company, together with Fairfax.
From Law and Literature to Legality and Affect by Greta Olson
Document Type Book Review Abstract IN A SPEECH ADDRESSING the Canadian Bar Association in 1970, leading literary critic of the twentieth century Northrop Frye said that “all respect for the law is a product of the social imagination, and the social imagination is what literature directly addresses.”3 In her book From Law and Literature to Legality and Affect, Greta Olson makes an important contribution in her reimagination of law and literature as a discipline.
R. v. Zacharias: SCC to Consider Alleged Charter Breaches in Drug Trafficking Case
On May 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] will hear the appeal of R. v. Zacharias, 2022 ABCA 112 [“Zacharias”]. The appeal is from the Alberta Court of Appeal [“ABCA”] and relates to alleged breaches of the accused’s rights under ss. 8 and 9 of the Canadian Charter of Rights and Freedoms [“Charter”]. Section 8 of the Charter protects the right to be free from unreasonable search and seizure by the state, and s.
R. c. Marchand: SCC to Consider Constitutionality of Mandatory Minimum Sentence for Child Luring
by Azka Anees · March 23, 2023 On February 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] heard the appeal in R. c. Marchand, 2021 QCCA 1285 [Marchand QCCA] concerning the constitutionality of the mandatory minimum sentence for the offence of child luring. The case is on appeal from the Québec Court of Appeal [“QCCA”], which upheld the trial judge’s conclusion that the mandatory minimum sentence violated s. 12 of the Canadian Charter of Rights and Freedoms [“Charter”].
R v Hills: SCC Overturns Harper-Era Mandatory Minimum Sentence (Part II)
The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3 [“Hilbach”], the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court to clarify the interpretation of s. 12 of the Canadian Charter of Rights and Freedoms [“Charter”].
R. v. Hills: SCC Clarifies Use of Reasonable Hypotheticals in Section 12 Challenge (Part I)
The Supreme Court of Canada [“SCC” or “The Court”] recently released its decision on three Alberta cases: R. v. Hills 2023 SCC 2 [“Hills”] and R. v. Hilbach 2023 SCC 3, the latter argued with the companion appeal, R. v. Zwozdesky. These cases challenge the constitutionality of mandatory minimum sentencing provisions, inviting the Court to clarify the interpretation of s. 12 of the Canadian Charter of Rights and Freedoms [“Charter”].
R v Tim: SCC Upholds Convictions Despite Unconstitutional Search
by Azka Anees · February 1, 2023 In R v Tim, 2022 SCC 12 [Tim], the Supreme Court of Canada (“SCC” or “the Court”) affirmed convictions for drug and firearm offences despite the initial arrest having been made by a police officer who mistakenly identified the prescription drug gabapentin as a controlled substance. The dissent would have acquitted the accused, finding that admitting the unconstitutionally obtained evidence would bring the administration of justice into disrepute.
“Unsolicited, unnecessary, and contrary to stare decisis:“ Dissent Criticizes SCC’s Majority Opinion in R v Sharma - TheCourt.ca
In R v Sharma, 2022 SCC 29 [“Sharma”], the Supreme Court of Canada [“SCC”/”the Court”] upheld the constitutionality of provisions that restricted the availability of conditional sentences. This decision marks a break from the SCC’s recent trend of overturning amendments to the Criminal Code, RSC 1985, c C-46 [“Code”] made during the Harper era. Conditional sentencing allows offenders who satisfy relevant statutory criteria to serve their sentences under surveillance in their communities.
SCC Continues to Roll Back Harper-Era Criminal Code Amendments in R v Ndhlovu
In its recent decision, R v Ndhlovu, 2022 SCC 38 [Ndhlovu], the Supreme Court of Canada [“SCC”] struck down two provisions of the Criminal Code, RSC 1985, c C-46 [“the Code”] relating to registration of offenders convicted of designated sexual offences in the national sex offender registry. In its 5-4 ruling, the majority held that ss. 490.012 and 490.013(2.1) of the Code unjustifiably violated s. 7 of the Charter, which guarantees the right to life, liberty, and security of the person.
Parliament Must Leave Door Open for Rehabilitation of Offenders
On May 27, 2022, the Supreme Court of Canada (“SCC”) decided R. v. Bissonnette, 2022 SCC 23 [Bissonnette], in which the Court considered the constitutional status of s. 745.51 of the Criminal Code, RSC 1985, c C-46 [“Code”]. In Canadian criminal law, an offender convicted of first-degree murder automatically receives a sentence of life imprisonment, with no possibility of parole for 25 years.
"Plainly Wrong" Not An Acceptable Standard to Justify Departure from Precedent: SCC in R v Sullivan
The Supreme Court of Canada (“SCC”) decided R v Brown, 2022 SCC 18 [Brown] and R v Sullivan, 2022 SCC 19 [Sullivan] together on May 13, 2022. Much attention was on the Court’s decision in Brown, which declared s. 33.1 of the Criminal Code, RSC 1985, c C-46 [“the Code”] unconstitutional under s. 52(1) of the Constitution Act, 1982. The struck-down provision prohibited an accused from invoking “automatism resulting from self-induced intoxication” as a legal defence in crimes requiring general intent.
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