Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the limitation of actions.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Fawzi Bidawi was charged with a number of firearms offences and in the course of his trial, it quickly became clear that the evidence the Crown was leading supported different charges than what he’d been charged with. After all the evidence had been heard, the Crown applied to the court to amend the information to charge him with offences that conformed to the evidence as it was led in trial.
Mr. Bidawi argued that this was unfair–that the court had exceeded its six-month limitation period to lay these charges which was what the limitation period was at the time for summary offences.
The judge dismissed his application, he sought leave to appeal, and his appeal was not granted leave by the Supreme Court of Canada.
Watch the video for more.
