Drug Trafficking and Vehicle Searches: Evaluating the Decision of R. v. Ibrahim - Robert Johnstone
The ramifications of drug trafficking impact the lives of countless Canadians through addiction and associated crime. Often, individuals who commit these offenses remain successful due to the difficulty of collecting admittable evidence and acquiring search warrants. Vehicles provide dealers both with a cache to store their product and a way of moving it discreetly. Fortunately, warrantless search and seizures allow the police to make applicable judgements upon the gathering
Should We Move Away From Such a Stringent Standard of Proof in Cases of Sexual Assault?
Author: Samantha Onchulenko Concern has been raised about the standard of proof applicable in serious cases of sexual assault and whether it requires reformation. This blog will look at the case of R. v. D.A.B., 2021 MBQB 185 (D.A.B.), which involved a sexual assault allegation resulting in an acquittal. The blog will then go on to discuss the criminal standard of proof “beyond a reasonable doubt” and the public’s perception of Blackstone’s ratio that it is “better that ten g
Held to a Higher Standard: The Difficulty in Sentencing Police Officers in R v Letkeman - Eric Epp
Introduction Police officers hold a duty of high level of public trust by the community because they have statutory powers to act beyond what would normally be considered reasonable by civilians. This trust comes with the concept that police officers who commit acts beyond the special powers accorded to them and become criminal will be dealt with harshly by the courts. This creates an interesting discussion when determining sentences for police officers who have acted beyond
Considerations of A Homicide Case - Mitchell McInnis
A recent criminal case from the Manitoba Court of Queen’s Bench involved the conviction of an accused for second degree murder. The case focusses on the use of circumstantial evidence, mainly in the form of eyewitness testimonies, for which the accused was convicted. However, the case does not directly address reasons for charging the person with second degree murder instead of other homicide charges, nor does it address why certain defences were not put forward. The followin
Contemporary Examples of Charter Infringement Justification - Mitchell McInnis
The Canadian Charter of Rights and Freedoms, entrenched in the Constitution Act, 1982, protects certain fundamental rights and freedoms of persons in Canada from encroachment by the government and government actors. At times, a provision in the Criminal Code may be questioned as infringing on a Charter right, but the limitation clause of the Charter, s. 1, allows infringements to be upheld if they can be justified. The following blog will first describe the Oakes test used by