“Reasonable” Speeding
Before getting into the facts of R v Chung (“Chung”), it is important to give a brief overview of the critical elements involved in the case, as well as a brief overview of R v Roy, the leading case on dangerous driving prior to R v Chung.
Mental Health Discrimination and Public Security - Samantha Harvey
The case of Ontario (Attorney General) v G (“G”) is a complex and interesting case that deals with the issues of discrimination based on mental disability, transparency in judicial decisions, and conflicting rights granted under the Canadian Charter of Rights and Freedoms (“Charter”). This case commentary will focus primarily on the discrimination that individuals found not criminally responsible on account of mental disorder (“NCRMD”).
The Presumption of “Care or Control”
In 2016, the Criminal Code (“the Code”) contained a section which has since been repealed, section 258(1)(a), which read “where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle…the accused shall be deemed to have had the care or control of the vehicle” [emphasis added]. This definition of “care or control” applied to the also-repealed section 253 of the Code.
