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ARTICLE · 23 MAY 2022

In Sullivan, The SCC Clarifies Role Of Stare Decisis In Constitutional Litigation

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The Supreme Court of Canada's decisions in the companion appeals in R v. Brown (Brown) and R v. Sullivan (Sullivan) were released on May 13, 2022.

CanadaLitigation, Mediation & Arbitration
Nadia Effendi
Nadia Effendi
Pierre Gemson
Pierre Gemson
Laura M. Wagner
Laura M. Wagner
Ashley Maciuk
Ashley Maciuk
Mohit Sethi
Mohit Sethi
Anthony Cianfarani
Anthony Cianfarani
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The Supreme Court of Canada's decisions in the companion appeals in R v. Brown1 (Brown)  and R v. Sullivan2  (Sullivan) were released on May 13, 2022. In Brown, the Court invalidated on constitutional grounds s. 33.1 of the Criminal Code -  a provision that prohibits an accused from asserting an automatism defence against "general intent" crimes. In Sullivan, the Court also held that a superior court's declaration of unconstitutionality under s. 52(1) of the Constitution Act would only be binding on judges within a province according to the rules of horizontal stare decisis. The criminal law bar is abuzz regarding the Court's ruling in Brown on section 33.1 and its implications on the prosecution of violent crimes against women. This article focuses on the Court's decision in the companion appeal in Sullivan, which holds significant consequences for constitutional litigation across the country.

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