The Presumption of “Care or Control” - Rhiannon Swan
In 2016, the Criminal Code (“the Code”) contained a section which has since been repealed, section 258(1)(a), which read “where it is...
Abstract Populism of the Reasonable Person - Anonymous
Section 24(2) of the Canadian Charter of Rights and Freedoms (“Charter”) concerns whether evidence obtained as a result of...
Assessing Timeliness Should Include Deliberation- Megan Filyk
R v KGK (“KGK”), a 2020 Manitoba judgment that made its way to the Supreme Court of Canada (“the Court”), dealt with issues relating to...
Inconsistent Instructions, Unreasonable Verdicts - Masuma Fatima
The dilemma of inconsistent verdicts is aggravated by resort to inflexible rules. Most courts apply a single rule to all types of...
the Curative Proviso Under s. 686(1)(b)(iv) of the Criminal Code - Cody Dangerfield
R. v. Esseghaier (“Essegbaier”) was the first case of the Supreme Court of Canada (“the Court”) to address whether section 686(1)(b)(iv)...
