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(Year in Review 2019)

See the 2018/9 Annotated Criminal Case Review

See the MB Crown Defence Conference Power Point (Year in Review 2019)

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 of police reconnaissance and information gathering in The Wire have become standard fare. 1 Understanding when this information gathering crosses over into invasions of privacy and entrapment is a fundamental necessity of the courts, lest the justice system be brought into disrepute. Specifically, what this commentary seeks to discuss is the

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 sentencing with a restorative justice mentality. The goal of restorative justice is to promote rehabilitation and reintegration of the offender into society, which often leads to no or reduced time in jail. The movement towards restorative justice places the court in the precarious position of balancing the rehabilitative needs of the offender with h

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 individuals convicted of sexual assault, including those found not criminally responsible on account of mental disorder (NCRMD), to have their personal information added to the sexual offenders registry and report to the police station at least once a year to keep the information up to date. 1 The main issue with this law is that it does not offe

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 hour. 1 Chung hit another vehicle attempting to turn left at the intersection and the driver of the vehicle was killed on site. 2 When faced with situations like the one described, the Crown has the option of pursuing three separate driving offences. The first being driving without due care and attention, this is a regulatory offence. The next

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 Peril, 1 Jochelson and Ireland write that “a minimal expectation of privacy yields minimum protections.” 2 In a system where the Courts are meant to be guardians of constitutional rights, yet don’t hesitate to work towards narrowing the scope of those rights by increasing police ancillary powers, an apathy towards those freedoms has the potent

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Editors

Richard Jochelson

Richard Jochelson

Robson Crim's Richard Jochelson

Rebecca Jaremko BromwichHeadshot

Rebecca Jaremko BromwichHeadshot

Robson Crim's Rebecca Jaremko Bromwich

Robson Crim's David Milward

Richard Jochelson

Richard Jochelson

Robson Crim's Richard Jochelson

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