Robson Crim Legal Blog

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.

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 following blog will first describe the Oakes test used by Canadian courts to justify an infringement. Afterwards, two examples involving the Oakes test will be discussed. First, a recent case from the Manitoba Court of Queen’s Bench involving the justification of a Charter infringement in the criminal context. Second, a potential contemporary violation of the Charter relating to the COVID-19 pandemic; there exist arguments for and against taxing unvaccinated Canadians.

The Fight Against Online Child Sexual Abuse Forums.

Do young people have a better chance of being rehabilitated than others simply by virtue of their age? The Manitoban Court of Appeal appears to believe that they do. When imposing sentences, regardless of the exact sentencing court, the Manitoba Court of Appeal has considered youth to be a mitigating factor purely based on the concept that youth are not finished developing, and the time left to develop increases the chances they can be successfully integrated back into societ