R v Todoruk, 2019 MBCA 100 (CanLII)
The accused sought an appeal from the decision of the sentencing judge to grant a conditional discharge. A conditional discharge is alternative sentence which the Court, in its discretion, can grant for certain offences to which a person has pled guilty. The details of a conditional discharge are found in section 730(1) of the Criminal Code (Canada)1. Per section 730 (1), a condition discharge may be granted except for offences which are prescribed a minimum sentence by law.
Causation and Group Assault
On November 15, 2019 the Supreme Court of Canada (hereafter “SCC”) dismissed the appeals of Assmar Ryiad Shlah (hereafter “S”) and Franz Cabrera (hereafter “C”) based “substantially” on the majority per Fraser C.J.A. in the Court of Appeal of Alberta. (2019 SCC 56 at para 1.) This is a case about a violent assault, holding off help in the face of “please”, continuing with the violent assault.
The Charter: A Missing Element
The Canadian Charter of Rights and Freedoms is a central component of the constitution and can potentially have a major impact on the relationship between the citizens and the government. The introduction of the Charter was hailed as the protector of human rights as it became a vital instrument for minorities and vulnerable groups to demand equal treatment under the law. However, this seems to only hold true for advocacy groups with considerable financial support.
Denis v Côté: Balancing Journalism and Justice
Around the world, journalists face a daily uphill battle. The occupation has historically been fraught with the dangers associated with investigating powerful people. In recent years, we have become inundated with stories exposing various abuses faced by men and women seeking to expose truth to the public. Certain leaders and governments continue to violently silence their critics.
Pre-trial detention: R v Balfour & Young, R v Myers and Charter s 7, 9, 11(e)
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Not to be arbitrarily detained or imprisoned, and any person charged with an offence has the right not to be denied reasonable bail without just cause. Does that mean the number of individuals in pre-trial custody are within the principles of fundamental justice? That everyone is detained with just cause?
