Charter Infringements: The Impact on Evidence Exclusion - Harrison Gray
The continued dichotomy of an individual’s Charter rights versus the interest of protecting society is an area of much debate and continuous scrutiny. There are a multitude of cases where the decision of whether admitting evidence that was obtained in such a way that may be inconsistent with the accused’s Charter right should be done, even if there is an apparent conflict with society’s interests.
The Reasonable Suspicion Standard: A Green Light towards Racial Stereotyping? - Samantha Onchulenko
This blog will address whether the standard of reasonable suspicion is an appropriate standard. The test relies on the possibility of criminality, and not the probability of criminality. The reasonable suspicion standard facilitates the ability of police officers to stop, detain, and search individuals without the probability of criminal activity, which could validate racial profiling. I will argue that the reasonable suspicion standard allows police officers to legitimize th
Role in the Incident: A Critical Look at the Changes to Self-Defence - Devan Vercaigne
Section 34 of the Criminal Code, the section covering “Defence of a person,” found itself undergoing major changes in 2013. Justice Martin, in her judgement from R v Khill, explains that Parliament amended this section in an attempt to simplify and unify the defence of self-defence, as well as to make an attempt at “broadening the scope and application of self-defence and employing a multifactorial reasonableness assessment.”
R. v. Neubuhr: Rights Infringement vs Justice for Society - Devan Vercaigne
In R. v. Neubuhr, a police officer of the Brandon Police Service (“BPS”) noticed Neubuhr driving a vehicle with a mismatching licence plate in Brandon, Manitoba. After Neubuhr was followed for a while, he was pulled over and immediately volunteered information to the Arresting Officer that the truck was an unregistered vehicle and he had no driver’s licence. The Arresting Officer ran computer checks and found that the accused was telling the truth, did not have a criminal rec
Drug Trafficking and Vehicle Searches: Evaluating the Decision of R. v. Ibrahim - Robert Johnstone
The ramifications of drug trafficking impact the lives of countless Canadians through addiction and associated crime. Often, individuals who commit these offenses remain successful due to the difficulty of collecting admittable evidence and acquiring search warrants. Vehicles provide dealers both with a cache to store their product and a way of moving it discreetly. Fortunately, warrantless search and seizures allow the police to make applicable judgements upon the gathering
