Canada's Court: Oral Arguments from the SCC
Claim This Podcastby Criminal Lawyers' Association
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Podcast Overview
<p>Canada’s Court is the first podcast to highlight select oral hearings from The Supreme Court of Canada. Presented by the Criminal Lawyers’ Association and available on all major podcast platforms. Visit podcast.criminallawyers.ca for more information.</p> <p>A full webcast version of the oral arguments featured in each episode can be viewed from The Supreme Court of Canada website at scc-csc.ca or obtained from the court directly.</p> <p>The Supreme Court of Canada is not affiliated with this podcast and did not produce or participate in it’s creation.</p>
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Publishing Since
8/12/2021
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Recent Episodes
February 5, 2026
Episode 7: S.A. v. His Majesty the King
S.A.’s trial for the charges of assault and sexual assault, was scheduled to commence on April 17, 2023. He elected to be tried by judge and jury. On the trial date, a judge was unavailable to preside, so the trial did not commence. A subsequent trial date was scheduled for February 12, 2024. The defence brought an 11(b) application. The 11(b) application judge stayed the proceedings, and held that even though the delay was below the presumptive 30-month ceiling set out in Jordan, the delay was unreasonable. The judge reasoned that unfilled judicial vacancies was an important factor that should be taken into account when assessing the delay. The Crown appealed. The Ontario Court of Appeal agreed with the Crown and found that the application judge made an error in concluding that delay from laying the charge to the anticipated end of the trial, approximately 26.5 months, was unreasonable delay. The Court of Appeal held that although the application judge stated the law correctly, the application of the law was in error. The Court of Appeal emphasized that when assessing delay the analysis must include a holistic approach, and cited the following factors for granting the Crown’s appeal, and setting aside the stay of proceedings: 1. The net delay in this case was well below the Jordan ceiling; 2. Both the Crown and Defence had both acted with haste and diligence to move the case forward; 3. There was an increase in complex cases in the Toronto region; 4. The Toronto region was still experiencing the backlog of cases as a result of the pandemic; 5. The appellant was not in custody and was out on bail; 6. Nothing novel in this case warranted a sense of urgency (such as a young complainant, or this matter being a re-trial); and 7. Had the first trial date had gone ahead, this two-week jury trial would have been completed in less than 17 months, which even falls below the ceiling for a trial proceeding only in the Ontario Court of Justice.
January 28, 2026
Episode 6: J.W. v. His Majesty the King
The appellant, an Indigenous man with significant cognitive difficulties, repeatedly sexually assaulted a worker at the group home where he resided. He remained in custody pending trial, including a period of detention in a psychiatric facility while temporarily unfit to stand trial. After resiling from three agreements to plead guilty, the appellant did so the fourth time. From charge to conviction, nearly four years elapsed. The sentencing judge imposed a nine-year custodial term. This term was lengthier than the one requested by the appellant, in part because his cognitive difficulties increase the amount of time required for rehabilitative programming. The sentencing judge considered the appellant’s repeated abandonment of agreements to plead guilty to be wrongful conduct and disallowed enhanced pre-sentence custodial credit for part of the appellant’s detention. The sentencing judge also relied on the relatively favourable conditions of detention in the psychiatric facility as a basis to deny enhanced credit. The Court of Appeal allowed an appeal in part, due to an error in calculating the number of days the appellant spent in custody, but otherwise dismissed the appeal. Mr. J.W. obtained leave to appeal his sentence to the Supreme Court of Canada.
January 22, 2026
Episode 5: Buddy Ray Underwood v. His Majesty the King
After judge alone trial, the appellant, Buddy Ray Underwood, was convicted of robbery, kidnapping, unlawful confinement and murder. The trial judge acquitted the appellant of first degree murder but entered a conviction for the included offence of second degree murder instead. The Crown appealed the acquittal. The Court of Appeal unanimously allowed the Crown’s appeal, quashed the acquittal on first degree murder and substituted a conviction for first degree murder. First, the court agreed with the Crown that the trial judge erred in law in his analysis of constructive first degree murder by narrowing the causation analysis to focus exclusively on the direct medical cause of death. Second, the court concluded that the trial judge erred in law by misapprehending the time frame for assessing planning as well as the meaning of “planned” more generally. Mr. Underwood appealed to the Supreme Court of Canada as of right.
92 total episodes available
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- What is Canada's Court: Oral Arguments from the SCC?
<p>Canada’s Court is the first podcast to highlight select oral hearings from The Supreme Court of Canada. Presented by the Criminal Lawyers’ Association and available on all major podcast platforms. Visit podcast.criminallawyers.ca for more information.</p> <p>A full webcast version of the oral arguments featured in each episode can be viewed from The Supreme Court of Canada website at scc-csc.ca or obtained from the court directly.</p> <p>The Supreme Court of Canada is not affiliated with this podcast and did not produce or participate in it’s creation.</p> - How often does this podcast release new episodes?
This podcast updates weekly.
- Where can I listen to this podcast?
This podcast is available on 4 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.
- Does this podcast accept guests?
Yes, this podcast regularly features guests.
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