R v. Williams – A Lawful Application of s. 215 of the Criminal Code
The case of R. v. Williams, coming out of the Manitoba Court of Appeal, is a clear example of a lawful application of section 215 of the Criminal Code. While there is generally no duty to rescue in Canada, except potentially in Quebec, section 215 states that “everyone is under a legal duty to provide the necessaries of life to a person under their charge” when that person is too young to provide themselves with those necessities.
R v Kirton and the Effects of Psychological Assessment on Sentencing
In 2020, the Manitoba Court of Appeal released a judgement on a dispute of the sentence of Jason Kirton. Mr. Kirton asserted the sentencing judge erred in his sentencing of Kirton, and the expert psychological evidence gained throughout the trial was invalid. This paper aims to explore the effect of physiological assessment on the sentencing of offenders.
R v Friesen – A Crash Course in Sentencing Child Sexual Offenders in Canada
In R v Friesen (R v Friesen, 2020 SCC 9), the Supreme Court of Canada took a decisive stance on sentencing concerning offences of a sexual nature perpetrated against children. Friesen is a landmark decision because it established sentencing guidelines for lower courts. Specifically, the court’s analysis clarifies three broad principles in sentencing law concerning sexual crimes against children.
Gladue Factors and the Sentencing of Indigenous Peoples: R v Okemow
Speaking inside the community hall located in God’s Lake Narrows—a small Indigenous and Métis community located over 500 kilometers north of Winnipeg—Justice Martin of the Manitoba Court of Queen’s Bench delivered his sentence. In January, Justice Martin found Mr. Michael Okemow guilty for the second-degree murder of Ms. Crystal Andrews. In September, the court returned to God’s Lake Narrows to deliver its reasoning on the appropriate time that Mr. Okemow must serve in prison
R v. Soulier – Inadequacy in the Uneducated Winnipeg Police Force
This year, the “Defund the Police” movement exposed deep-seeded problems in the police forces across North America. This is not something Winnipeggers can turn a blind eye to; Winnipeg is not entirely “one great city”. There is some questionable conduct in the Winnipeg police force and much of it is rooted in its under-education. The lack of education of police officers is resulting in the mistreatment of vulnerable individuals and inefficiencies in the criminal justice syste
