The Potentiality for Infringing on s 12 Charter Rights by Imposing Mandatory Minimum Sentences
In November of 2019, the case of R. v. R.L.K. was decided. The accused was found guilty and was given a summary conviction under s 151 (b) of the Criminal Code. He was found guilty of sexual assault against a minor, a girl who happened to be his neighbour and close friend’s daughter. Before the offender was even convicted, however, he submitted that the mandatory minimum sentence for this summary conviction violated his s 12 Charter rights against cruel and unusual… punishmen
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 Jarvis: What’s a guy got to do to get a voyeurism conviction around here?
I am speaking, in this instance, of R v Jarvis, a Supreme Court case from earlier this year that reads not unlike a script for a weaker episode of Law & Order. The accused was an English teacher at a high school, who had been using a camera concealed inside a pen to make secret recordings of female students while they were engaged in daily activities in common areas of the school.
