A Strong Case Based on Circumstantial Evidence
On the early morning of October 3rd, 2017, the accused in R v Belyk (“Belyk”) got into the car of Brittany Bung and stabbed her multiple times; these injuries would lead to her death sometime soon after. At first glance, a second-degree murder conviction seemed probable. The facts, however, pointed to Belyk, a decision by the Manitoba Court of Queen’s Bench (“the MBQB”) being more complicated.
The Right to be Tried Within a Reasonable Time
Under section 11(b) of the Canadian Charter of Rights and Freedoms (“the Charter”), “any person charged with an offence has the right to be tried within a reasonable time". This right was created for the benefit of both societies overall and the individual charged. The right aims to ensure that members of society see justice carried out in a timely manner. For example, those impacted directly or indirectly by the accused should receive prompt remediation.
Defending Peace Bond Applications
A peace bond under s 810 of the Criminal Code is a method of resolving a criminal charge whereby the defendant agrees to be subject to conditions for a period of up to 12 months. Resolution by way of peace bond under a s 810 is an attractive option for defendants and defence counsel, as the defendant is not left with a criminal record. A s 810 peace bond, however, is also a process in its own right, which is available to a member of the public to initiate on their own.
Is Consent Becoming an Arbitrary Concept?
Women, and young women in particular, are increasingly encouraged to consume large quantities of alcohol as part of having a “good time”. We all know that women, on average, can become intoxicated faster than men. Modern legal cases have called into question the idea surrounding consent and just how intoxicated one needs to be in order to be deemed too intoxicated to be able to give consent.
Duress and Necessity: Questioning the Distinction
No one should be convicted of a crime which they did not possess the mental element for because we should only punish the morally blameworthy in criminal law. For example, if someone commits an illegal act only because they have no other option or because someone’s safety is at risk, the Canadian justice system should not hold them as responsible for the act due to a lack of voluntariness in their action.
