Second Degree Murder - Sandra Barkho
The accused in R v Moar (“Moar”), a 2021 decision of the Manitoba Court of Queen’s Bench (“the MBQB”), was Storm Moar, who was charged with second degree murder for the death of Adam Martin (“the deceased”). The deceased died on January 1, 2019, from a shotgun wound to his chest at 411 Nairn Avenue in Winnipeg. The MBQB in Moar was satisfied on the evidence that Moar and Moneyas engaged in a physical altercation with the deceased at 411 Nairn on the day of his death.
Cell Phones and Search Incident to Arrest – Privacy in Peril - Dustin Seguin
What type of authorization are the police provided to search your cell phone upon arrest? In 2014, the Supreme Court of Canada (“the Court”) reached a decision in the case of R v Fearon (“Fearon”) that detailed when police are entitled to search an electronic device incident to arrest and what such a power entitled them to search. A discussion of the police power of search incident to arrest will be briefly discussed and will be followed by a description of the Fearon case.
R v LRB - M Ritchie
In R v LRB (“LRB”), LRB was charged with sexual assault against the complainant. The assault took place in the complainant’s home, which she lived in with her children. The complainant and the accused had been dating for about a month, and he had been living at her house at the time. On the night of the assault, the complainant was asleep in the living room with her children when she was woken up by the accused.
The Evidentiary Burden of a Crime of Passion - Jenna Symons
The following is an analysis of a motion made to the Manitoba Court of Queen’s Bench (“the MBQB”) in R v Assi (“Assi”), which challenged the constitutionality of a limitation placed on the defense of provocation. The applicant, that is, the accused (“the accused”) argued that the issue of the constitutionality of the amendment of section 232 of the Criminal Code (“the Code”) should be decided prior to the commencement of the trial.
Skepticism of Drug Treatment Courts - Brayden Gray
Drug Treatment Courts (“DTC”) are alternative courts for those who are charged with certain offences related to drugs. Admittance requirements to a DTC changes depending on the area, with the Regina DTC requiring that offences must be deemed to be caused by an addiction to drugs. There are often restrictions to eligibility as well, such as not failing a DTC within the last year or committing more serious offences such as “serious violence, sexual assaults, family violence.
