The CCLA has been granted leave to intervene before the Supreme Court of Canada in Bouvette v. R., on appeal from the British Columbia Court of Appeal. This appeal concerns the scope of remedial powers of an appellate court under s. 686(2) of the Criminal Code, which concerns when a miscarriage of justice has occurred in a criminal case. The CCLA intends to argue that there must be a robust interpretation of the remedies provided by the Criminal Code under this section. Namely, where state misconduct has led to a miscarriage of justice and an appellate court is in a position to determine an acquittal would be the likely result of a retrial, the court should be empowered to give an accused person the benefit of that result by entering an acquittal. This would ensure that individual rights are vindicated to the fullest extent possible where the state is responsible for infringing them.
You can read our factum here.
The CCLA is grateful for the excellent pro bono representation of Matthew Gourlay of Henein Hutchison Robitaille LLP in this matter.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
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