Mandatory Victim Surcharges: Cruel and Unusual Punishment or Beneficial Program?
In December 2018, the Supreme Court of Canada decided the case R v Boudreault. The case involved a Charter challenge of the mandatory victim fine surcharge that was in place. This law required every offender who was found guilty of a crime to pay a minimum surcharge of $100 for summary offences and $200 for indictable offences.
Plea Bargaining: What it Is, Who it Helps, and its Role in R v Anthony
Author: Yuet AI Plea bargaining is a process in which the “Crown and defence council agree to recommend a particular sentence to the judge, in exchange for the accused entering a plea of guilty.[1] Plea bargaining is a crucially important part of the criminal justice system because when properly conducted, they permit the system to function smoothly and efficiently.[2] They help to resolve a vast majority of criminal cases, contribute to a fair and efficient justice system, a
Vitiating Factors of Consent
Consent is a concept found in Canadian criminal law, and the definition used by the courts is outlined in section 273.1 of the Canadian Criminal Code. Consent can be vitiated, or void in a number of situations, which are outlined in section 265 of the Canadian Criminal Code. Situations found under section 265 include situations where consent is acquired by fraud, through the application of force, or threat to the individual themselves, or another individual.
Reviewing Ewanchuk and JA - A Blog
The Supreme Court of Canada described the complex relationship between consent, sections 265 and 273 of the Criminal Code, and the parties to a sexual assault offence in R v Ewanchuk and R v A(J). As demands for consensual participation continue to grow, it is timely to review how Canadian courts consider consent in the context of sexual assault offences.
Mr. Big Operations – The Big Lebow-peration
In this blog, we briefly outline a timeline of Mr. Big Operations (MBO) in Canada, as well as indicate their future in Canada and other jurisdictions.
