Denis v Côté: Balancing Journalism and Justice
Around the world, journalists face a daily uphill battle. The occupation has historically been fraught with the dangers associated with investigating powerful people. In recent years, we have become inundated with stories exposing various abuses faced by men and women seeking to expose truth to the public. Certain leaders and governments continue to violently silence their critics.
Pre-trial detention: R v Balfour & Young, R v Myers and Charter s 7, 9, 11(e)
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Not to be arbitrarily detained or imprisoned, and any person charged with an offence has the right not to be denied reasonable bail without just cause. Does that mean the number of individuals in pre-trial custody are within the principles of fundamental justice? That everyone is detained with just cause?
The Potentiality for Infringing on s 12 Charter Rights by Imposing Mandatory Minimum Sentences
In November of 2019, the case of R. v. R.L.K. was decided. The accused was found guilty and was given a summary conviction under s 151 (b) of the Criminal Code. He was found guilty of sexual assault against a minor, a girl who happened to be his neighbour and close friend’s daughter. Before the offender was even convicted, however, he submitted that the mandatory minimum sentence for this summary conviction violated his s 12 Charter rights against cruel and unusual… punishmen
Behind the throne…stands the executioner!
In this brief article, I will discuss the issue of policing the police as it relates to the common law doctrine of ancillary powers. This is an “area of law in Canada in which new police powers are defined by the state through the courts”. The two pronged test at play here can be used to ascertain, on a case by case basis, whether or not the police have acted rightly in the justifiable impingement of citizen rights.
R v. Poulin: Charter Right to the Lesser of Two Punishments Not the Lesser of Many
In 2016 Mr. Poulin was found guilty of sexual offences he committed in 1979 and 1987 against two minors who were 7 and 15 years old while Poulin himself was 44 and 51 years old. At the time of his sentencing, Mr. Poulin was old and sick, he was suffering from a degenerative neurological disorder and was living in a full-time care facility.
