Robson Crim Legal Blog

The defence of provocation was subject to scrutiny in a recent case heard by the Court of Queen’s Bench of Manitoba (“the MBQB”), R v Assi (“Assi”). In Assi, the MBQB put forth a challenge to the constitutionality of the defence of provocation. However, this challenge was not based on the main criticism of the defense, the gendered history and application, but rather the accused’s objection to the very limitations placed on the defence in response to the gendered concerns.

Knowing what you know now, what would you tell your younger law student self?

In his 2017 song titled “Miss My Woe”, Radric Davis – better known by his stage name, Gucci Mane – sang, “Missing my woe/ Got money for bail, got money for bail/ Won’t stay in jail, won’t stay in jail”. Unfortunately, unlike Mr. Davis, there are many Canadian citizens who end up staying in jail shortly after posting bail because they have failed to comply with one of their bail conditions.

On November 14, 2015, Ken Chung collided with a vehicle turning left at a major intersection at a speed of 119 km/hr, causing a fatality. The collision occurred in Vancouver at the intersection of Oak Street and West 41st Avenue. The speed limit at both streets was 50 km/hr, but drivers are known to speed. Both roads were wide and straight with dedicated left turning lanes. It was not raining; the road was damp or wet. Five civilians and four pedestrians witnessed the inciden

Once an offender has pled guilty or been convicted, a court is charged with implementing a reasonable and fit sentence. This is no easy task for the justice system, as it consists of balancing a number of different sentencing guidelines and principles set out in the Criminal Code [“the Code”]. Ultimately, the severity of the sentence imposed by the justice system is often reflective of society’s view of a particular crime.