Year in Review

Abstract

2020 was defined by the global COVID-19 pandemic, which has changed how we live, work, and interact with one another. 2020 was also notable in witnessing Canadian society adapt and respond to broader social movements calling for change. Decisions from both the Supreme Court of Canada (SCC) and the Manitoba Court of Appeal (MBCA) have responded to these shifting social norms by recognizing broad systemic issues pervasive in the justice system and society-at-large. There is much to celebrate when courts venture into these waters, but the age-old polemic of judicial activism is sure to follow when courts raise their voices beyond the confines of legal doctrine. This article comments on some of the most important cases decided in this unique and turbulent year in Canada.

We examine the jurisprudence of the MBCA and the SCC in February 2020 through February 2021, inclusive, with the goal of highlighting recent changes and developments in the criminal law. Where relevant, some appeals that fall outside of this period will be discussed due to their significance to the law. Further, using the framework and parameters developed in previous Robsoncrim “Year in Review” articles, we have attached an appendix of statistical infographics which highlight statistical findings of the decisions of the SCC and MBCA between the period of February 2020 and February 2021.

In 2020, the SCC also appears to have continued its trend of limiting full written decisions, preferring instead to issue extremely brief judgments. While clear and succinct legal writing is to be encouraged, there can be little doubt that fulsome reasons are required to guide lower courts’ decision-making. Under Chief Justice Wagner, the SCC continues to offer plenty of dissenting opinions and disagreement within the Court; all of it, however, appears more “tightly packaged” than under the previous tenure of Chief Justice McLachlin. It remains to be seen if this warm embrace of brevity is to be celebrated or if a lack of detailed analysis breeds confusion in the courts below.