An Analysis of R v Jovel 2019 MBCA 116
The facts of this case begin in 1991 when the complainant immigrated to Winnipeg from El Salvador at age 18. She saw the accused, a doctor, to treat her unusual menstrual cycle. She was prescribed birth control pills and was seen by the accused over a period of three years. During these visits, the complainant said that the accused would perform internal vaginal examinations, even though she was not sexually active and these examinations are only standard procedure for people
The Strange Universe of Police Procedurals: Blue Bloods and R v Waterfield
Let’s say that you are a police officer trying to do your due diligence by supervising a civil rights protest and making sure it stays peaceful. Suddenly a mother and her son approach you to ask a question and, at the same time, between the throngs of unhappy citizens you see a cyclist. It clicks, you do the math, you see the trajectory and you realize, with horror, that the cyclist is on a collision course with the helpless family in front of you. What would you do?
Crime Can Pay!
Crime doesn’t pay. It only follows that if you made money illegally, then you don’t get to keep it when you are proven guilty. But what happens if illegally-made money is the only money you have: could you afford a defence lawyer to represent you? What if the court finds that the money wasn’t illegally-made after all: were you treated as innocent until proven guilty?
Findings of Expert Credibility: Not What You Say, But How You Say It? R v Stephan
Each of us has our own mannerisms and styles of delivery, as varied and replete as the day is long. Nevertheless, the judicial system would become a failure if findings of credibility and fact during the course of a trial turned on our ability, or inability, to meet the satisfaction of the trier of fact’s preferences and desires. Credibility is determined by the content the individual delivers, not necessarily the form in which they deliver it. Some of us speak quickly, some
Drawing The Line Between Public Safety and Personal Information: The Textalyzer
Cell phones have rapidly developed from the most basic mobile speaking devices into the sophisticated smart phones that live in our pockets today. The modern smartphone is a capable device that no longer just receives phone calls but instantly sends and receives text messages and video calls, along with housing a wide variety of social media apps all in one place. One in three deaths and one in three serious injuries on the roads in Manitoba are caused by distracted driving.
