Last month, the Supreme Court of Canada heard oral arguments in the case R. v. D.L.W.  The issue for appeal is not exactly garden variety. The Supreme Court has been asked to determine whether the offence of “bestiality” in the Criminal Code requires penetration.   Background The facts are not in dispute and are disturbing to say the least. The accused respondent ...

Is there any real distinction between the phrases “from the Bar” and “from among the advocates”? According to two recent Supreme Court of Canada decisions, the answer to that question must be an emphatic “yes”. The first decision is well-known to the legal community and to the public as a whole. In Reference re Supreme Court Act, ss. 5 and ...