A Mind for Criminal Law–Automatism, Autoimmune Encephalitis & other Medical Conditions
Justice Bastarche defined automatism in R v Stone as “a state of impaired consciousness…in which an individual, though capable of action, has no voluntary control over that action”. The two categories of automatism that will be explored in this post are mental disorder automatism and non-mental disorder automatism, formerly referred to as insane and non-insane.
Protecting or Restraining: Incapacity to Consent
Section 273.1(2)(b) of the Criminal Code seemingly establishes a straightforward and logical safeguard against exploitative sexual assault, as it deems consent unattainable in situations where the complainant is incapable of consenting. The issue of capacity to consent was at the forefront of the September 2020 Manitoba Court of Queen’s Bench decision in R v K.G.P. In what appeared to be a progressive ruling for female victims of sexual assault, Justice McCarthy held the accu
The Legality of Arrest in R v. Coutu
One interesting issue that arises when discussing the extent of police powers is the legality of arrest. More specifically, how do we define what reasonable grounds are for an arrest without a warrant? When is it reasonable to arrest someone, and when is it so unreasonable to arrest someone that it loses its legality?
THE ELIMINATION OF PEREMPTORY CHALLENGES IS NOT ENOUGH
Prior to 2018 peremptory challenges were a tool used by legal counsel in forming juries. They were used during jury selection and allowed counsel to prevent any potential jury member they decided from participating on the jury, without having to disclose a reason for doing so (with a limited number of challenges, depending on the type of offence). Peremptory challenges have been, and still are, controversial in the United States and England.
Why the Innocent May Falsely Confess: A Perusal of the Reid Model of Interrogation
Police officers are aware that confessions to crimes are powerful pieces of probative evidence in their criminal investigations. A method employed by numerous Canadian police officers to secure that such probative evidence is obtained is through the utilization of the Reid Model of Interrogation. However, myriad academic studies have determined that this interrogation model increases the chances of inducing false confessions.
