R v Esseghaier - Zelene Elliot Section 11(f) of the Charter provides that any person charged with an offence in Canada has the right “to the benefit of trial by jury...
PRE-SENTENCE CREDIT IN THE AGE OF COVID-19 - Bailey Silva Over the past year, COVID-19 has ravaged every corner of the globe. All Canadians have had their lives upended by the pandemic, and have...
In The Wrong Place At The Wrong Time: R v Coutu - Gustavo da Roza Introduction: R v Coutu is a classic scenario of being in the wrong place at the wrong time. As described in further detail below, the...
Reasonable Parole Eligibility Periods - Derek J. Novosel On January 29, 2017, the sounds of gunshots and screams of horror echoed throughout the hallowed and ordinarily peaceful halls of the...
The Fine Line of Language and Entrapment – R. v. Ahmad - Cole McClelland Introduction The recent decision of R. v. Ahmad provides an interpretation of entrapment in the digital age. What were once novel ideas...
Scales of Justice: Rehabilitation and Accountability - Jenna Symons Introduction In an effort to reduce the over representation of Indigenous people in the penal system the courts have approached...
Discrimination in Ontario's Sex Offender Registry: Ontario (A.G.) v. G 2020 - Sandra Barkho Background In Ontario, matters regarding the Sex Offender Registry are referred to as Christopher's Law. Christopher's Law requires...
The Modified Objective Test - R v Chung 2020 SCC : Keenan Fonseca Introduction On November 14, 2015 Ken Chung was driving on a street in Vancouver when he entered an intersection at 140 kilometers per...
The Ethic of Precrime in a Surveillance Society - L Ayres While the concept of being surveilled is not new, there is a trend of apathy increasing at an alarming rate. In their book, Privacy in...
The Lasting Impact of a Momentary Action – R v Chung: Eva Kwong On the morning of Saturday, November 14th, 2015, Dr. Alphonsus Hui (“Hui”), a trusted family doctor of over 40 years, was driving to his...
“Dancing on the Head of Pin”: Entrapment’s Concerning Development in R v Ahmad - Liam Keller The reality of the modern criminal justice system in Canada, in its detailed particularities, is arguably rather mundane. Indeed, the...
Ontario (Attorney General) v. G - Nikolai von Schilling Ontario (Attorney General) v. G Introduction Recently, in the case of Ontario (Attorney General) v. G 1 the Supreme Court was tasked with...
When is an eggplant evidence of sexual harassment?: Interpreting emoji evidence in the courtroom When is an eggplant evidence of sexual harassment?: Interpreting emoji evidence in the courtroom Jordan Archibald - UNB Law Emojis, also...
Expert Qualification and Reliability of the Expert Opinion are Separate Legal Issues - C Boyd Expert Qualification and Reliability of the Expert Opinion are Separate Legal Issues Nova Scotia (Community Services) v. J.M, 2018 NSCA...
The Gatekeepers: Improper Exclusion of Expert Evidence and the Pitfalls of Admissibility Analysis The Gatekeepers: Improper Exclusion of Expert Evidence and the Pitfalls of Admissibility Analysis in Nova Scotia (Community Services) v...
The R. v. H.( R.A.) Appeal and the Mishandling of the Video-Recorded Evidence of Youth Victims By Shealyn MacLaughlin Under normal circumstances, a videotaped statement made by a complainant is hearsay and presumptively inadmissible...
British Columbia Civil Liberties Association v Canada (Attorney General) - M McGowan The British Columbia Supreme Court’s recent ruling in British Columbia Civil Liberties Association v Canada (Attorney General)[1]...
Case Analysis – Minister of Community Services v J.M. and R.R. 2018 NSCA 71 - B Morris Drug testing is an important part of our justice system and can play a role in both criminal and civil matters. Legally trained...
The Thin Blue Line of Reasonable Suspicion: R v Ahmad - Dustin Seguin Should police be justified—in illegal drug distribution operations—to entrap suspects into committing criminal offences? The case of R v...
The Jordan Framework Works, but for Whom? -Nicholas Mark It has been well established that the Canadian legal system is not a system guided by efficiency, despite the level of responsibility and...
Moving in the Right Direction -SJ In R v. Friesen (R. v. Friesen, 2020 SCC 9, 2020 CSC 9, 2020 CarswellMan 122 [Friesen]), the Supreme Court of Canada addressed the need...
R v. Williams – A Lawful Application of s. 215 of the Criminal Code - Bob Smith The case of R. v. Williams, coming out of the Manitoba Court of Appeal, is a clear example of a lawful application of section 215 of the...
R v Kirton and the Effects of Psychological Assessment on Sentencing - Nicholas Warsza Introduction In 2020, the Manitoba Court of Appeal released a judgement on a dispute of the sentence of Jason Kirton. Mr. Kirton asserted...
