November 22, 2017

When Code provisions come under to scrutiny and become subject to or warrant change, the familiar debate between broad standards and more specific rules arises. While open-ended standards “maximize the ability of judges and juries to do justice on the basis of all the...

August 8, 2017

A significant clash between the powers of police and the privacy rights of a criminal suspect came before the Supreme Court of Canada in R. v. Saeed (2016). This Court elaborated on its common law creation of clarified search incident to arrest powers. In 2016, the Cou...

June 26, 2017

Whether you call them Crown Attorneys, Crown counsel or prosecutors, it is clear that the lawyers who prosecute those charged with criminal offences are vested with very substantial discretionary powers. These individuals comprise a significant cornerstone of justice,...

June 5, 2017

An ongoing debate in the common law world has centred upon whether dissent is appropriate within national high courts (Songer et al, 2011). Amidst repeated expressions with the legal realm that consensus is preferred to dissensus, presently there is no generally establ...

June 1, 2017

Much like our Western counterparts, Canada has entered into a new era where the norm is to unfortunately treat many immigrants and refugees as “interlopers, illegals, threats to security, or criminals” (Gros & van Groll, 2015, p. 13). Referred to migration experts as t...

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