The Inadequacies of an NCRMD Defense For Offenders with a Mental Illness - Seth Lozinski
Mentally ill offenders currently account for an estimated 73-79% of incarcerations in Canada. This is in juxtaposition with the fact that between 2005 and 2012, 0.08% of accused received a verdict of not criminally responsible on account of mental disorder. It is clear that the over-representation of incarcerations involving mental illness is not mitigated by the availability of an NCRMD defense. The criminal justice system is failing to support offenders with mental health i
R v Regasa: Female Victim Blaming by Judges - Devan Vercaigne
The case of R v Regasa comes from the Manitoba Court of Queen’s Bench, and it was one that I was quite shocked to read; not because of what happened in the case, but because of the way the trial judge came to his concerning final decision. As you will see, his judgment clearly puts the administration of justice into disrepute, and it is the appellant judge who was able to restore the reputation of the court.
The Ancillary Powers Doctrine and the Necessity of the Legislature - Matt Reimer
It does not take a criminal law expert to know that police and judges must make difficult decisions. They are the ones who have to deal with some of the most inherent wrongs that individuals in society have to offer. In the case of a police officer, sometimes a snap decision must be made to keep people safe, however unfortunate it may appear in hindsight. Sometimes these decisions are challenged in court where judges may have to make unpopular or seemingly counterintuitive de
The Struggle Between Individualization and Starting-Point Sentencing - Brittney Macht
In Canada, the widespread use and trafficking of drugs, especially fentanyl, poses a national crisis. In 2017 alone, approximately eleven lives were lost each day because of opioid overdoses. However, despite almost 45% of the population agreeing that opioid use does present a crisis in Canada, when it comes to sentencing procedures, there is a tug-o-war occurring.
Howling for Justice: Evaluating Police Searches and the Sniffer-Dog in Canada - Robert Johnstone
Matters of personal privacy are heavily impacted through proceedings detailing the continual struggle between efficient law enforcement and constitutional guarantees provided to the individual. Specifically, s. 8 of the Charter recognizes that the Canadian public requires protection from government intrusion to the degree that it encroaches on the individual’s “reasonable expectation of privacy.”
