Category Archives: Criminal

A “Convicted Terrorist” By Any Other Name

By: Maureen Duffy PDF Version: A “Convicted Terrorist” By Any Other Name Case Generally Considered: Pelham, Warden of the Bowden Institution, et al. v. Khadr, No. 36081 (Alberta) (Criminal) (SCC, By Leave); Bowden Institution v Khadr, 2015 ABCA 159; Khadr … Continue reading

Posted in Constitutional, Criminal, International Law, Youth and the Law | Leave a comment

Does the Stinert Decision Signal the End of the Preliminary Inquiry?

By: Lisa Silver PDF Version: Does the Stinert Decision Signal the End of the Preliminary Inquiry? Case Commented On: Regina v Stinert, 2015 ABPC 4 For years the efficacy of the preliminary inquiry has been questioned, studied and pronounced upon … Continue reading

Posted in Criminal | Leave a comment

Mental Illness and Sentencing: Blaming the Mentally Ill for their Lack of Cooperation with Inadequate Treatment in R v Maier

By: Glen Luther, Q.C. and Dr. Mansfield Mela PDF Version: Mental Illness and Sentencing: Blaming the Mentally Ill for their Lack of Cooperation with Inadequate Treatment in R v Maier Case Commented On: R v Maier, 2015 ABCA 59 Mental … Continue reading

Posted in Criminal | Leave a comment

A Remarkable, Plain Language Judgment from the Ontario Court of Justice

By: John-Paul Boyd PDF Version: A Remarkable, Plain Language Judgment from the Ontario Court of Justice Case Commented On: R v Armitage, 2015 ONCJ 64 (CanLII) A few weeks ago, Mr. Justice Nakatsuru of the Ontario Court of Justice released a remarkable … Continue reading

Posted in Access to Justice, Criminal | Leave a comment

A Case for Adopting the Lewko Approach to Refusal Law

By: Dylan Finlay PDF Version: A Case for Adopting the Lewko Approach to Refusal Law Case Commented On: R v Soucy, 2014 ONCJ 497 Obtaining breath samples from those suspected of driving while impaired is a necessary practicality in enforcing … Continue reading

Posted in Criminal | Leave a comment

Open Letter to Parliament on Bill C-51

Editor’s Note: Several Faculty members signed this letter, the full version of which is available here.  An open letter to members of Parliament on Bill C-51 Dear Members of Parliament, Please accept this collective open letter as an expression of … Continue reading

Posted in Constitutional, Criminal | 2 Comments

Proportional Sentencing for Impaired Driving Causing Death: The Tragic Death of Brandon Thomas

By: Shaun Fluker PDF Version: Proportional Sentencing for Impaired Driving Causing Death: The Tragic Death of Brandon Thomas Case Commented On: R v Gibson, 2015 ABCA 41 On the evening of December 6, 2012, Ryan Gibson was intoxicated and driving … Continue reading

Posted in Criminal | Leave a comment

Judicial Interventions and Rape Myths: Differing Approaches at the Alberta Court of Appeal

By: Jennifer Koshan PDF Version: Judicial Interventions and Rape Myths: Differing Approaches at the Alberta Court of Appeal Case Commented On: R v Schmaltz, 2015 ABCA 4 A decision from the Alberta Court of Appeal has garnered attention from the … Continue reading

Posted in Criminal, State Responses to Violence | Leave a comment

Deconstructing Investigative Detention

By: Dylan Finlay PDF Version: Deconstructing Investigative Detention Case Commented On: R v Rowson, 2014 ABQB 79 Crime scenes are often intense and dynamic environments. This presents a challenge to investigators who – prior to making an arrest – must … Continue reading

Posted in Constitutional, Criminal | Leave a comment

National Day of Remembrance and Action on Violence Against Women and the Failed Challenge to the Repeal of the Long Gun Registry

By Jennifer Koshan PDF Version: National Day of Remembrance and Action on Violence Against Women and the Failed Challenge to the Repeal of the Long Gun Registry Case Commented On: Barbra Schlifer Commemorative Clinic v. Canada, 2014 ONSC 5140 (CanLII) … Continue reading

Posted in Constitutional, Criminal, State Responses to Violence | Leave a comment