Robson Crim Legal Blog

Ascertaining the reliability of witness testimony has always been difficult. Even before a trial, statements can be coerced during interrogation – there has been a history of police influence on witnesses to create false statements, typically through the use of threats or bribes. In other cases, the question of memory comes into play.

Rural crime in Canada, more specifically, theft, is a growing concern and is becoming increasingly prevalent throughout the country. According to 2017 data, police-reported crime in rural areas is 23% higher than rates of reported crime in urban centres. The issue of rural crime is sporadic across the country, with some regions having very high rural crime rates and others seeing minimal rural crime.

The accused sought an appeal from the decision of the sentencing judge to grant a conditional discharge. A conditional discharge is alternative sentence which the Court, in its discretion, can grant for certain offences to which a person has pled guilty. The details of a conditional discharge are found in section 730(1) of the Criminal Code (Canada)1. Per section 730 (1), a condition discharge may be granted except for offences which are prescribed a minimum sentence by law.

On November 15, 2019 the Supreme Court of Canada (hereafter “SCC”) dismissed the appeals of Assmar Ryiad Shlah (hereafter “S”) and Franz Cabrera (hereafter “C”) based “substantially” on the majority per Fraser C.J.A. in the Court of Appeal of Alberta. (2019 SCC 56 at para 1.) This is a case about a violent assault, holding off help in the face of “please”, continuing with the violent assault.

The Canadian Charter of Rights and Freedoms is a central component of the constitution and can potentially have a major impact on the relationship between the citizens and the government. The introduction of the Charter was hailed as the protector of human rights as it became a vital instrument for minorities and vulnerable groups to demand equal treatment under the law. However, this seems to only hold true for advocacy groups with considerable financial support.