Category Archives: Criminal

Reflections on Week One of the Ghomeshi Trial

By: Jennifer Koshan PDF Version: Reflections on Week One of the Ghomeshi Trial I posted on ABlawg last Monday on the legal consequences of choking in the sexual assault context, which I suggested would be a likely issue in the … Continue reading

Posted in Criminal, State Responses to Violence | 8 Comments

The Tension Between Process and Outcome in Creating Representative Juries

By: Erin Sheley PDF Version: The Tension Between Process and Outcome in Creating Representative Juries Case Commented On: R v Newborn, 2016 ABQB 13 The Court of Queen’s Bench has upheld the Alberta Jury Act’s exclusion from jury service of … Continue reading

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Sexual Assault and Choking – Making Sense of the Legal Consequences

By: Jennifer Koshan PDF Version: Sexual Assault and Choking – Making Sense of the Legal Consequences Case Commented On: R v White, 2016 ABQB 24 The Jian Ghomeshi trial gets underway today and there is likely to be intense coverage … Continue reading

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Constitutional Challenge to Gang-Affiliation Law Scores (Interim) Win

By: Sarah Burton PDF Version: Constitutional Challenge to Gang-Affiliation Law Scores (Interim) Win Case Commented On: Barr v Alberta (Attorney General), 2016 ABQB 10 Last spring, I posted a comment flagging the constitutional concerns surrounding section 69.1 of the Gaming … Continue reading

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The Next Shot in the Constitutional Debate Over Mandatory Minimum Sentences for Firearms Offences

By: Erin Sheley PDF Version: The Next Shot in the Constitutional Debate Over Mandatory Minimum Sentences for Firearms Offences Case Commented On: R v Friesen, 2015 ABQB 717 The Court of Queen’s Bench has found a new constitutional limitation on … Continue reading

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While You Were Sleeping: Sexual Assault Involving Intoxicated or Unconscious Complainants

By: Jennifer Koshan PDF Version: While You Were Sleeping: Sexual Assault Involving Intoxicated or Unconscious Complainants Case Commented On: R v Garrioch, 2015 ABCA 342 One of the contexts in which women are particularly susceptible to sexual assault is when … Continue reading

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Impaired Driving and Approved Screening Devices

By: Shaun Fluker, Elliot Holzman, and Ian Pillai PDF Version: Impaired Driving and Approved Screening Devices Case Commented On: Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46; Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC … Continue reading

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When Judicial Decisions Go from Wrong to Wrongful – How Should the Legal System Respond?

By: Alice Woolley PDF Version: When Judicial Decisions Go from Wrong to Wrongful – How Should the Legal System Respond? Case Commented On: R v Wagar, 2015 ABCA 327 (CanLII) Introduction Judges make wrong decisions. As I discussed in a … Continue reading

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Judging Sexual Assault Cases Free of Myths and Stereotypes

By: Jennifer Koshan PDF Version: Judging Sexual Assault Cases Free of Myths and Stereotypes Case Commented On: R v Wagar, 2015 ABCA 327 (CanLII) I am spending the fall term at the University of Kent’s Centre for Law, Gender and … Continue reading

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Parole Ineligibility and the Double Edges of Consistency in Sentencing

By: Erin Sheley PDF Version: Parole Ineligibility and the Double Edges of Consistency in Sentencing Case Commented On: R v Ryan, 2015 ABCA 286 In R v Ryan the Alberta Court of Appeal clarifies how trial courts should apply some … Continue reading

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