Supreme Court of Canada Hearings (Floor Audio)

The Indigenous respondent pleaded guilty to the aggravated assault of his Indigenous common law partner. He had a significant criminal record and a history of serious mental illness. The sentencing judge concluded the respondent’s incarceration was required to protect the public. The respondent was sentenced to five years in prison for the aggravated assault and eight months’ incarceration for breaches of release orders. A majority of the Court of Appeal granted leave to appeal the sentence, allowed the appeal, and varied the sentence to three years’ imprisonment for aggravated assault. The dissenting justice would have granted leave to appeal and dismissed the appeal. Argued Date 2025-12-12 Keywords Criminal law — Sentencing — Considerations — Aboriginal offender and Aboriginal female victim — Sentencing of Aboriginal offender for aggravated assault — Offence against vulnerable person — What does the deferential standard of review mean in terms of weighing sentencing factors and making factual findings? — How should courts approach sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply? Notes (Nova Scotia) (Criminal) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The Indigenous respondent pleaded guilty to the aggravated assault of his Indigenous common law partner. He had a significant criminal record and a history of serious mental illness. The sentencing judge concluded the respondent’s incarceration was required to protect the public. The respondent was sentenced to five years in prison for the aggravated assault and eight months’ incarceration for breaches of release orders. A majority of the Court of Appeal granted leave to appeal the sentence, allowed the appeal, and varied the sentence to three years’ imprisonment for aggravated assault. The dissenting justice would have granted leave to appeal and dismissed the appeal. Argued Date 2025-12-11 Keywords Criminal law — Sentencing — Considerations — Aboriginal offender and Aboriginal female victim — Sentencing of Aboriginal offender for aggravated assault — Offence against vulnerable person — What does the deferential standard of review mean in terms of weighing sentencing factors and making factual findings? — How should courts approach sentencing when ss. 718.04, 718.201, and 718.2(e) of the Criminal Code apply? Notes (Nova Scotia) (Criminal) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

SS&C Technologies Canada Corporation entered into a contract with Mellon Trust Financial pursuant to which it provided market pricing data for various types of securities. Mellon Trust Financial merged with Bank of New York to form Bank of New York Mellon Corporation. Bank of New York Mellon Corporation succeeded to the rights and duties under the contract. Mellon Trust Financial and Bank of New York Mellon Corporation breached the contract by redistributing market pricing data to affiliates. Upon learning of the breach of contract, SS&C Technologies Canada Corporation’s counsel demanded an accounting and that Bank of New York Mellon Corporation preserve all related communications, documents, and files. Records including records created after the preservation demand were destroyed. SS&C Technologies Canada Corporation commenced an action against Bank of New York Mellon Corporation seeking damages for breach of contract. Based on spoliation, SS&C Technologies Canada Corporation in part asked the trial judge to draw an adverse inference that its data had been shared with 65 affiliates and it has lost the opportunity to enter into 65 additional agreements on substantially the same terms as the contract. The trial judge found Bank of New York Mellon Corporation liable for breach of contract. The trial judge did not accept SS&C Technologies Canada Corporation’s proposed adverse inference but did draw an adverse inference that all data usage was by Bank of New York Mellon Corporation’s affiliates. He awarded damages of CAD $922,887 and USD $5,696,850. The Court of Appeal dismissed an appeal from the finding of liability and allowed a cross-appeal on liability. It allowed an appeal from the damages award in part and set aside the award of CDN $922,887. Argued Date 2025-12-10 Keywords Civil procedure — Evidence — Spoliation — What is the appropriate remedy for spoliation — What should the appropriate remedy have been in this case? Notes (Ontario) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-09 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

The respondent Gitanyow Nation asserts Aboriginal rights and title over certain lands in British Columbia, and has advanced claims against the federal and provincial Crown. Another Aboriginal group with a modern treaty covering an overlapping geographic area, the appellant, the Nisga’a Nation, sought to be added as a defendant in the Gitanyow action. A case management judge at the Supreme Court of British Columbia dismissed the Nisga’a Nation’s application to be added as a defendant. A unanimous panel of the Court of Appeal dismissed the Nisga’a Nation’s appeal from the first decision. Argued Date 2025-12-08 Keywords Aboriginal law — Aboriginal title — Aboriginal rights — Treaty rights — Aboriginal group advancing rights and title claims against Crown — Second group seeking to join action as defendant, given its modern treaty governing rights in overlapping territory — Case management judge declining to add second group as defendant in first group’s action — Court of Appeal upholding case management judge’s order — What is potential effect of declaration of Aboriginal title in favour of Indigenous claimant in respect of lands over which different Indigenous nation has existing section 35 rights under modern treaty, including modified Aboriginal title? — Did courts below incorrectly interpret Nisga’a Treaty by ruling that Treaty Party Provisions were not engaged in action and would not become operative until only after Plaintiffs established Aboriginal title within Claimed Lands? — Did courts below err in concluding that, while tests for joinder under Rule 6-2(7) of Supreme Court Civil Rules are met in respect of competing assertion of Aboriginal title, same tests are not met in respect of competing Aboriginal title and other rights that are recognized under modern treaty? — Nisg_a’a Final Agreement Act, S.C., 2000, c. 7, ss. 3, 4, 5, 20 — Nisg_a’a Final Agreement Act, R.S.B.C. 1999, c. 2, ss. 2, 3, 5, 8 — Supreme Court Civil Rules, B.C. Reg. 168/2009, r. 6-2(7). Notes (British Columbia) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).