R. v. McKenzie – Case Comment by K Chanas
The common law police powers are widely discussed at all levels of Court. A police officer’s actions will vary depending on a reasonable assessment of the circumstance and they must be allowed by law to make decisions in a swift manner. “Unnecessarily and unduly hampering police duties indirectly infringes the very rights that the Charter was enacted to protect”.
Manitoba Law Journal – Robson Crim’s Special Volume on Law and Prison Policy
As one of Canada’s oldest law journals, the Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce a special volume edited by Dr. James Gacek. The Call seeks submissions related to law, criminology and criminal justice and cognate disciplines in Canada, the USA and the world. The Call invites scholarly papers, reflection pieces, research notes, book reviews, or other forms of written or pictorial expression.
Institutions of Punishment and Criminal “Debt” – Lewis Waring
Courts often sentence criminals in reference to his or her “debt to society”. Indeed, legal systems of all kind work to repay debts, to require one party to pay to another an amount determined to be owed. In civil law, money underlies all legal debts. While civil judgments sometimes determine debt based upon collections of receipts or contractual clauses, some civil damages derive from amorphous notions of mental suffering.
Appellate Intervention Warranted where the Majority Disagrees with the Sentencing Judge - Anonymous
R v Friesen (“Friesen”) was one of the most impactful decisions of the Supreme Court of Canada (“the Court”) in 2020. Friesen changed and explained how courts across the country should address instances of sexual offences against children and modernized the judicial system’s approach to such instances. Not only did Friesen change the way that courts view the numerous harms (and numerous people they affect) flowing from sexual offences against children, but it also provided so
Revisiting the Constitutionality of s 229 of The Highway Traffic Act - Anonymous
Statutory presumptions and reverse onuses are oft challenged issues in the realm of the intersection of criminal law and the Charter. These issues have seen considerable attention in recent Supreme Court jurisprudence, from the SCC’s 1992 decision in R v Downey through to their recent 2019 decision in R v Morrison. Very recently, the Manitoba Court of Appeal [“MBCA”] was asked to contemplate the constitutionality of s 229 of The Highway Traffic Act in R v Bernier.
