Setting Limits and Forging Our Own Path: Fleming v Ontario, 2019 SCC 45
In today’s day and age, it is common to hear of many instances of police brutality and abuses of power. Although many of these stories come from our neighbours down south, Canadian authorities have also been involved in allegations of abuse of power. Undoubtedly, we share many similarities with the United States, but it is integral to our constitution and our rights as Canadians that we not follow their example in many ways, one of which is police brutality and abuse of autho
The Coercive Control Concept and Application to Court Procedures
Although courts have gradually been adapting when it comes to understanding of gendered violence, the arguments put forth by Janet E. Mosher in the article, Grounding Access to Justice Theory and Practice in the Experiences of Women Abused by Their Intimate Partners, still gives insightful commentary in the way that courts have operated as proxies for that violence. It would be interesting to consider how this concept has applied to other categories of criminal cases.
Examining Variability of Sentences – R v. Johnson and R v. Proulx
n R v. Johnson, the accused pled guilty to cocaine possession for the purpose of
trafficking. The trial judge suspended the sentence and imposed 3 years of supervised probation.
This case starts back in February of 2014, when Johnson was released on an undertaking
regarding contact with the mother of his children. 10 months later police responded to a domestic
disturbance call where Johnson was found to be in breach of his undertaking and arrested.
R. v Javanmardi: Clarification and Confusion
The case of R. v Javanmardi brings some clarity to the requirements of negligence-based offences
(or ‘objective mens rea’ offences) like criminal negligence causing death and unlawful act manslaughter. The Court also examines the relevance of necessary skills and experience in regards to the appellant’s conduct in this case.
R v Friesen
One of the basic values of Canadian society is protecting those who are vulnerable and who cannot protect themselves. Children are one such category of vulnerable persons and they make up a large portion of Canada’s overall population. Children often have no ability to protect themselves and they must rely on the adults around them to keep them safe.
