Category Archives: Criminal

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

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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

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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

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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

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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

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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

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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

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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

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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

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Jiangho Unchained: A Discussion of the Narrative and Commentary Surrounding the Jian Ghomeshi Scandal

By: Joshua Sealy-Harrington PDF Version: Jiangho Unchained: A Discussion of the Narrative and Commentary Surrounding the Jian Ghomeshi Scandal The recent scandal surrounding Jian Ghomeshi’s dismissal from the CBC, and the sexual assault allegations relating to that dismissal, have had … Continue reading

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