R v CEB: Balancing Gladue Factors in Sentencing for Cases of Child Sexual Abuse - Kerith Tung
In this blog entry, I will describe the recent case of R v CEB. I will also discuss why I believe that Gladue factors were correctly balanced against the harsher sentencing standards typically applied to cases dealing with child sexual abuse. R v CEB and the Application of R v Friesen In the case of R v CEB (“CEB”), the accused, CEB, was charged with sexual interference against his step-daughter on three separate occasions.[1] CEB was also charged with assault against his ste
Starting Off on the Wrong Point: An Academic Critique of Starting Points in Sentencing - Noah Lesiuk
Setting the Law Straight on Starting Points Sentencing within the realm of criminal law can be a tricky continuum of complex considerations and difficult balancing. Starting points, which are set guidelines for sentencing relative to a certain offence, are meant to ease the complexity of the judge’s job by reducing idiosyncrasies and providing them with a marker from which to start their sentencing analysis.[1] An illustrative example is the case of R v Sandercock, where the
Private Property: A Legal Sanctuary for Impaired Drivers - Mario Elbardisy
Introduction Impaired driving has plagued our society for decades. However, police have been empowered by the Highway Traffic Act (“HTA”) to conduct random stops to tackle this devasting crime. Unfortunately, the Ontario Court of Appeal’s recent decision in R. v. McColman allows impaired drivers to turn onto private property to achieve a “safe haven” or “legal sanctuary.” I respectfully disagree with the majority and resonate more with the dissent. Furthermore, I argue that t
R v Stairs: The Castle is Under Siege - Julian Brown
In Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections, Professors Richard Jochelson and David Ireland discuss the expansion of police search powers and the erosion of the principles that once served as a shining beacon of privacy laid out by Justice Dickson in Hunter v Southam. One notable drift is the police’s ability to conduct a search incident to an arrest, which stems from the police’s ancillary powers doctrine. This development has led t
R v Khill: Self-Defence & the Accused’s Role in the Incident - Keelin Griffin
Consider the following scenario: a homeowner, K, approaches his truck, parked on his driveway, and sees a man, S, leaning in through the open passenger door, rifling through the truck’s contents. K raises his lawfully owned shotgun and calls out, “Hey, hands up!” S turns, and K, believing that S is holding a gun, fires twice killing S. Could K successfully claim self-defence? Consider the following additional details, occurring in the minutes prior to the final confrontation
