Category Archives: Criminal

Sentencing in an Unusual Domestic Violence Case

By: Jennifer Koshan PDF Version: Sentencing in an Unusual Domestic Violence Case Cases Considered: R v Hernandez, 2014 ABCA 311 The most recent edition of Eugene Meehan’s Supreme Advocacy newsletter lists R v Hernandez, 2014 ABCA 311, as the Court … Continue reading

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R v Navales and Reasonable Suspicion

By: Shaun Leochko PDF Version: R v Navales and Reasonable Suspicion Cases Commented On: R v Navales, 2014 ABCA 70; R v Canlas, 2014 ABCA 160; R v Ng, 2014 ABPC 62; R v Tosczak, 2014 ABQB 86 The engagement … Continue reading

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A Smart Decision – Access to Counsel for the Poor and Disabled in a Legal Aid Crisis

By: Sarah Burton PDF Version: A Smart Decision – Access to Counsel for the Poor and Disabled in a Legal Aid Crisis Case commented on: R v Smart, 2014 ABPC 175 Access to justice advocates should to take a few … Continue reading

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“Putting” Browne v Dunn into Perspective

By: Dylan Finlay PDF Version: “Putting” Browne v Dunn into Perspective Case commented on: R v KWG,  2014 ABCA 124 The century old rule in Browne v Dunn (hereinafter “the rule”) holds that if counsel intends to present evidence contradictory … Continue reading

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Access to Justice and Costs Against the Crown

By: Sarah Burton PDF Version: Access to Justice and Costs Against the Crown Case commented on: R v A.Y.A., 2014 ABQB 103 In R v A.Y.A., 2014 ABQB 103 [AYA], the Honourable Madam Justice C.A. Kent suggested that access to … Continue reading

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A Pricked Condom: Fraudulently Obtained Consent or No Consent in the First Place?

By: Joshua Sealy-Harrington PDF Version: A Pricked Condom: Fraudulently Obtained Consent or No Consent in the First Place? Case commented on: R v Hutchinson, 2014 SCC 19 This post discusses a recent decision from the Supreme Court of Canada addressing … Continue reading

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What does Fearn v Canada Customs add to OPCA jurisprudence?

By: Admin PDF Version: What does Fearn v Canada Customs add to OPCA jurisprudence? Case commented on: Fearn v Canada Customs, 2014 ABQB 114 (CanLII) The leading case on Organized Pseudolegal Commercial Argument (OPCA) litigation is the Alberta Court of … Continue reading

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Drug Paraphernalia Bylaw Upheld as Constitutional

By: Linda McKay-Panos PDF Version: Drug Paraphernalia Bylaw Upheld as Constitutional Case commented on: Smith v St. Albert (City), 2014 ABCA 76 University of Calgary Constitutional law students will find this case interesting and perhaps will feel vindicated when they … Continue reading

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Celibate, Awake, and Alone: The Hallmarks of a Credible Sexual Assault Victim?

By: Joshua Sealy-Harrington PDF Version: Celibate, Awake, and Alone: The Hallmarks of a Credible Sexual Assault Victim? Case commented on: R v FY, 2013 ABQB 694 This post discusses a recent decision from the Alberta Court of Queen’s Bench which … Continue reading

Posted in Criminal, State Responses to Violence | 2 Comments

Supreme Court Denies Leave to Appeal in Marital Rape Sentencing Case

PDF Version: Supreme Court Denies Leave to Appeal in Marital Rape Sentencing Case Case commented on: R v QJK, 2013 ABCA 244; leave to appeal to SCC dismissed November 21, 2013 On November 21, 2013 the Supreme Court of Canada … Continue reading

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