The Surrey Six case poses an extreme question: Can mass killers be let off the hook if wrongdoing by police and jailers is deemed egregious enough?
Now the Supreme Court of Canada’s task is to decide whether that hearing should go ahead.Peter Sankoff, a University of Alberta professor specializing in criminal law, who also advocates at the Supreme Court, said the court will be put to the test in cases that affect courtroom procedures and the rules about evidence – the daily stuff of criminal trials.
The court leaned heavily on Justice Moldaver’s criminal-law expertise. In the two years leading up to his retirement, he wrote or co-wrote eight majority or unanimous criminal-law judgments, a Globe and Mail review found. The next two most prolific authors on the subject were Chief Justice Richard Wagner and Justice Russell Brown, with five each. Justice Moldaver was the court’s sole member to have devoted his career to criminal law before joining the bench.
Justice Sheilah Martin, a former law dean, has the most hands-on experience in criminal law as a practitioner and a trial judge. She authored four majority or unanimous criminal-law judgments in the past two years. Mr. Newman also mentioned Justice Mahmud Jamal, a former corporate lawyer who represented the Canadian Civil Liberties Association intervening in three major criminal cases, and Justice Suzanne Côté, who has taught the law of evidence.
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