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.
Book Launch of Sexual Regulation and the Law: A Canadian Perspective (Demeter Press) - Jan 30 7PM
Join us for the book launch of Sexual Regulation and the Law: A Canadian Perspective (Demeter Press) featuring contributors David Ireland, Richard Jochelson, James Gacek, Brayden McDonald, and Alicia Read-Dueck.
R. v. Javanmardi, 2019 SCC 54 (CanLII)
Naturopathic medicine is unregulated in the province of Quebec, and intravenous injection of nutrients by naturopaths is not legal. In fact, administering of intravenous injections is reserved for medical professionals only under S31 of Quebec's Medical Act. In many other Canadian provinces, the practice of naturopathy is recognized and regulated.
R. v. K.G.K, or Rather, K.G.K v. The Canadian Judiciary
The Supreme Court held in the recent case of Jordan that 30 months for serious crimes, and 18 months for less serious crimes, should respectively be the maximum amount of time allowed for trials, at which point a stay of proceedings should be carried out instead. The issue before the court in R. v. K.G.K is whether the time Canadian judges take to decide the result of the case after trial should count, when determining whether a given trial has exceeded those time limits.
