R v Khill: Clarity on Self-Defence Laws and Bad News for DIY Rural Security - Eric Epp
In 2016, the ability for rural Canadian property owners to defend themselves and their property came into public debate through the tragedy that was the death of Colton Boushie in Saskatchewan. While the issue of racism played one role in the trial, a second debate over the right of rural property owners to defend themselves and property was of significant interest, although self-defence was not officially made an issue at trial.
Police Have to Play by the Rules, Too - Jayden Wlasichuk
The case to be examined in this blog is one concerned with sections 8 and 9 of the Charter and how they were violated by a Brandon Police Officer in the case of R. v. Neubuhr, 2021 MBQB 225 (“Neubuhr”). Neubuhr presented a case to have evidence excluded on the basis that it was obtained through the breach of his ss. 8 and 9 Charter rights. This case is an example of serious Charter-infringing police misconduct that resulted in a serious impact on the accused’s interests.
No Incentive for Pretrial Rehabilitation - ECP
Rehabilitation is an important objective for sentences that Canadian criminal courts place on offenders. Jurisprudence first recognized that incarcerating offenders does not effectively rehabilitate them in the case R. v. Proulx. However, legal scholarship indicates that restorative principles have been restrained in recent years.
Shared Computers and Digital Privacy for Low-Income Individuals - Eric Epp
In an ideal world, the law is applied equally to every person in society. Of course, this is often not the case, as people’s individual circumstances change the way that a case is analyzed and applied. People who earn a low income are disproportionately burdened by legal problems compared to individuals higher on the socioeconomic spectrum. In criminal law, low-income individuals are both more likely to become involved with the law in some way and are more likely to be denied
Challenges of Sentencing - LawStudent2
A primary principle of Canadian law is the principle of stare decisis. An implication of stare decisis is that it ensures that there is consistency in the law; however, it also means that there is limited to no room for consideration of an offender and their circumstances in the application of the law. The fundamental purpose of sentencing as outlined in s. 718 of the Criminal Code is to contribute to the maintenance of a just, peaceful, and safe society.
