With a Little “Help” From My Friends
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”
Sexual Interference Case has Broad Impact on Justice System
Friesen was an appeal of the Crown that came from the Manitoba Court of Appeal (“MBCA”) in which the MBCA had reduced the sentence imposed at trial from six years to four-and-one-half years. The offence in question in Friesen was sexual interference and extortion. Friesen had met the mother of the four-year-old victim on a dating site. On the evening of the incident, he had met with the mother at a bar, and they drove back to her residence to have consensual intercourse. He t
Young Actresses in the Pornography Industry
Imagine this: a young girl turns 18 or 19 years old and finds a job posting on Craigslist one day. With social media’s influence of being famous, the legends about no harm in the pornography industry, and the lure of the salary, one starts the journey as a porn star. She does not know what she is facing nor her rights to protect herself. Along with earning money, she faces fear and cruel sexual activities.
Mitigating Indigenous Sentencing Factors Outweighed
Sentences should also be tailored to the offender and proportionate to the gravity of the offence and moral culpability of the offender. The Criminal Code (“the Code”) also lays out several factors that may be considered aggravating or mitigating in sentencing, including evidence that the offenders abused their spouse in committing the offense (section 718.2(a)(ii)).
Reasonable and Probable Grounds to Arrest
In order to provide protection and enforce the law in Canada, police officers have the authority to question and arrest individuals, as well as conduct searches to find evidence. However, given the impacts these powers have on individual autonomy and privacy, there must be a rational basis upon which these powers are exercised. It would be unconscionable for police to arrest people or barge into their homes without justification.
