“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 allegations that he sexually abused his three nephews when they were children. The accused was initially arrested following the allegations first made by two of his nephews and was arrested a second time after the third nephew came forward. Upon his second arrest, the accused was questioned by Detective Sargent Elton Hall of the Winnipeg Poli
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 otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation”. However, the type of act that can be “provoking” has been significantly narrowed to “conduct of the victim that would constitute an indictable offence under this act.” Therefore, the victim must
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 law at least since the 1884 case of R v Dudley & Stephens (“Dudley & Stephens”) and it has since been expounded upon and more precisely defined by Canadian courts over the last forty years in particular. In 1984, the Supreme Court of Canada’s decision (“the Court”) in R v Perka (“Perka”) established the preconditions for a defence of necessi
Rebuttable Presumption of Vehicle Care and Control Justified - Tony Dempsey
The Criminal Code’s (“the Code”) provisions for the offense of care or control of a motor vehicle while impaired provide a prototypical example of a societal objective justifying the restriction of a right guaranteed under the Canadian Charter of Rights and Freedoms (“the Charter"). Drunk driving is recognized by Canadian society and Canadian courts as a social menace to be eradicated. The criminal offence of care or control of a motor vehicle while intoxicated infringes upon
Sentencing for the Protection of Indigenous Women and Girls - Tom Swanson
It is now widely known that our country has a long and woeful history of discrimination and systemic injustice perpetrated against its Indigenous population, such that it has led to a disproportionate over-representation of Indigenous people in the criminal justice system. This is particularly true for the prairie provinces. Despite Canada’s “seeming inability, or neglect, to meaningfully repair the damage with a sense of urgency,” courts in Canada have taken some steps in an
