Winnipeg Stabbings Part 1 (Memory and Provocation)
Stabbings have been on the rise in Winnipeg in 2020. In this two-part blawg, I will be looking at two recent stabbing cases that took place around near Winnipeg: R v. Assi (“Assi”) and R v. Belyk. These cases are particularly interesting because in both circumstances a defendant was trying to argue that second-degree murder charges should be reduced to manslaughter. In order to provide an overview of the two ways that second-degree murder could be reduced to manslaughter.
Gladue Reports: Patchwork Band-Aids for a Failing System
As it currently stands, Canada’s indigenous peoples are grossly overrepresented in the Canadian prison population. For those behind federal bars, roughly 30% are indigenous while this population only makes up only around 5% of the general Canadian population.
Individualizing Bail Compliance
In R v Zora (“Zora”), Mr. Zora was charged with three counts of possession for the purpose of trafficking contrary to the Controlled Drugs and Substances Act, S.C. 1996, c. 19 in 2015. He was granted bail on his own recognizance with conditions. There were twelve bail conditions in total, the most important of which being that Mr. Zora was required to present himself at the door of his residence within five minutes of a peace officer or bail supervisor.
Flexible Sentencing Fits the Crime
A judge is rarely ever able to please everyone, particularly when it comes to sentencing. The guilty party always wants the sentence reduced while the victim usually wants it increased. But what happens when the courts themselves disagree about the length of a sentence? This situation arose in R v Friesen (“Friesen”), a Manitoba case which reached the Supreme Court of Canada (“Court”) in 2020.
Failure to Disclose HIV Not Always Sexual Assault
The Nova Scotia Court of Appeal decision in R v Thompson reaffirms that non-disclosure of HIV-positive status, while morally reprehensible, is not necessarily a crime. Informed consent is the key determination of whether sexual activity between two or more parties constitutes sexual assault under the Criminal Code. The decision in Thompson upholds the high legal threshold of harm required to vitiate consent and render an accused guilty of sexual assault.
