“Societal Notions” and the Babos Test – Aiyana McKenzie
In the Manitoba Court of Queen’s Bench’s (“the MBQB”) case R v MJZ (“MJZ”), the accused was charged with multiple offences arising from...
The Ordinary Sober Person in Provocation - Aiyana McKenzie
Utilizing provocation as a defence has a few caveats. Under section 232(1) of the Criminal Code (“the Code”), “[c]ulpable homicide that...
Necessity and Aiding a Murder Under Duress – Ty Schmidt
The common law defences of necessity and duress have been well established at this point in time. Necessity has been an option in common...