Mr. Big Operations – Mack’in at the Hart of the Operation
In this blog, we will summarize two recent Supreme Court of Canada (SCC) cases regarding Mr. Big Operations (MBO), as well as indicate how we believe the new rules from these cases would apply to an older MBO case.
Mr. Big Operations – An Introductory Salvo
In lieu of the "Mr. Big" seminar that was to be presented, we have created a trilogy of blogs. The first of which will: outline the typical steps taken by the police during a Mr. Big Operation (MBO), describe the concerns Dr. Khoday had prior to recent Supreme Court of Canada (SCC) decisions regarding MBOs, and identify how MBOs avoid Charter concerns and how Canadians' rights are protected from MBOs by the Charter.
Ewanchuk and the (Debunked) Myth of Implied Consent
Over the past decade the law of sexual assault and legislative changes governing this section of the law has evolved considerably, but this does not mean that the results are being shown in the courtroom. It has been over ten years since R v Ewanchuk, and a positive note to come out of the decision in this case is that the Supreme Court of Canada cemented that there is no defence of implied consent to sexual assault in Canadian law.
Charter Right to a Speedy Trial in Youth Cases - R. v. K.J.M. (2019)
In 2016 the Supreme Court of Canada revised the standard of what constitutes an unreasonable trial length in the landmark decision of R. v. Jordan. The accused was charged in December of 2008; his trial did not conclude until February of 2013. Jordan brought an application under s.11 of the Canadian Charter of Rights and Freedoms for a stay of proceedings arguing that the delay of proceedings was unreasonable.
Failing to Put Promises into Practice: Comparing R v Siwicki with the Goals Established by Manitoba’
On 9 March 2018, the Manitoba Provincial Government released its Criminal Justice System Modernization Strategy. In the accompanying news release, the government expressed a need to address the high number of incarcerated adults in the province. The modernization strategy suggests that more frequent use of alternative measures to incarceration, including restorative justice practices, could be an effective way of tackling the issues that plague the justice system in the provi
