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?
Harry Potter and the Criminal Liability of Werewolves
It is an elemental principle of criminal law that to be found guilty of a crime, one must have performed the proscribed actus reus, coinciding at some point with the requisite mens rea. A question that is not addressed by Canadian courts is how these concepts would be applied to a crime committed by a werewolf, as described in Harry PotterWhile mens rea is typically thought of as the mental element of the crime, it is not the only mental element. Voluntariness, a component of
