“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...
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...
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...
