Search Incident to Arrest vs Obtaining a Warrant
The case of R v Ibrahim (“Ibrahim”) involves the police surveilling a possible drug operation that resulted in the accused fleeing in his vehicle. The main issue in this case involves the common law police power of search incident to arrest, and what the limits of the spatial and temporal requirements as they apply to this case. The constitutionality of the search is challenged under section 8 of the Canadian Charter of Rights and Freedoms.
With a Little “Help” From My Friends - Evan Kwong
Balancing the rights and freedoms of individuals with the power given to police to serve and protect is a difficult issue that the courts have made an effort to resolve in cases like R v Mack (“Mack”), R v Barnes, and now R v Ahmad (“Ahmad”). Although the investigation of crime is in the public interest, police cannot be given absolute power to investigate as that would go against the rights of individuals enshrined in the Canadian Charter of Rights and Freedom (“the Charter”
Aggravating Factors at Sentencing
The road on which the assault took place—Mackenzie Street—is well known to locals: “Indigenous women in the city are wary of that stretch of road, where sex workers are known to await customers.” As a whole, the culture of Thunder Bay is one of pervasive racism. Ms. Kentner’s sister reported being subjected to constant racial slurs. Ms. Kenter’s daughter described incidents of racial profiling and excessive force by police.
Canada (Attorney General) v. G
In Ontario (Attorney General) v G (“G”), a married man had “unlawfully confined” and harassed his wife while he was having a manic episode, the only like one he had ever experienced. He was charged with two counts of sexual assault against his wife in September 2001.
Complementing the Jordan framework - YS Malone
The Supreme Court of Canada (“the Court”) had delivered a ruling that established new rules relating to the length of time that was allowed to bring an accused to trial. In R v Jordan (“Jordan”), the Court set ceilings for delays in court proceedings, above which the delay would be presumptively unreasonable. The ceilings from Jordan were 18 months for cases in provincial court and 30 months for cases in superior court or where there has been a preliminary inquiry.
