Category Archives: Criminal

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

Posted in Criminal | 3 Comments

Sentencing in an Unusual Domestic Violence Case

By: Jennifer Koshan PDF Version: Sentencing in an Unusual Domestic Violence Case Case Commented On: 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 … 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

Posted in Civil Procedure: New Rules of Court, Criminal | Leave a comment

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