R v Stairs: The Castle is Under Siege - Julian Brown
In Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections, Professors Richard Jochelson and David Ireland discuss the expansion of police search powers and the erosion of the principles that once served as a shining beacon of privacy laid out by Justice Dickson in Hunter v Southam. One notable drift is the police’s ability to conduct a search incident to an arrest, which stems from the police’s ancillary powers doctrine.
R v Khill: Self-Defence & the Accused’s Role in the Incident - Keelin Griffin
Consider the following scenario: a homeowner, K, approaches his truck, parked on his driveway, and sees a man, S, leaning in through the open passenger door, rifling through the truck’s contents. K raises his lawfully owned shotgun and calls out, “Hey, hands up!” S turns, and K, believing that S is holding a gun, fires twice killing S. Could K successfully claim self-defence?
Drinking in Cold Places: The Impacts of Care and Control (Part 2/2) - Samantha Harvey
Now that we have examined several cases where the individuals in question have been acquitted of posing any realistic risk of danger to persons or property, it is important to consider what kind of actions have been found to create such a potential danger. In the case of R v Buckingham, the accused made the court’s job quite simple, although the justices did not seem excited to revisit the “thorny question of what constitutes de facto care and control of a motor vehicle.”
Drinking in Cold Places: The Impacts of Care and Control (Part 1/2) - Samantha Harvey
We have all heard of drinking with friends in low places, but what about drinking with friends in cold places? This is a narrative familiar to many Manitobans, especially those of us living in rural areas. Someone drives to a house party but decides to have a couple of drinks despite the fact that they drove there. Later, they realize they are too intoxicated to drive and do not have any easy transit home.
Sentencing In the Time of COVID (Part 2/2) - Caylene Foley
Collateral consequences include “any consequence arising from the commission of an offence, the conviction for an offence, or the sentence imposed for an offence, that impacts the offender.” The impact of collateral consequences does not displace the general rule that a sentence must be fit; having regard to the particular crime and offender. A sentencing judge may take collateral consequences into account.
