Category Archives: Criminal

R v Borowiec On Infanticide: Does the Crime Fit the Times?

By: Lisa Silver PDF Version: R v Borowiec On Infanticide: Does the Crime Fit the Times? Case Commented On: R v Borowiec, 2015 ABCA 232 In a few weeks the law school will be humming with activity as the newly … Continue reading

Posted in Criminal | 1 Comment

The Law on Mr. Big Confessions

By: Caroline Law PDF Version: The Law on Mr. Big Confessions Cases Commented On: R v Magoon, 2015 ABQB 351; R v Campeau, 2015 ABCA 210 A Big operation is a common police sting tactic used to obtain confessions from … Continue reading

Posted in Criminal | Leave a comment

Prosecutors as Ministers of Justice?

By: Alice Woolley PDF Version: Prosecutors as Ministers of Justice? Three recent cases have brought to light bad behaviour by criminal prosecutors. In R v Suarez-Noa, 2015 ONSC 3823 Justice Reid ordered a mistrial after the prosecutor suggested “to the jury … Continue reading

Posted in Criminal, Ethics and the Legal Profession | 1 Comment

Keep It To Yourself: The Private Use Exception for Child Pornography Offences

By: Joshua Sealy-Harrington and Ashton Menuz PDF Version: Keep It To Yourself: The Private Use Exception for Child Pornography Offences Case Commented On: R v Barabash, 2015 SCC 29 Last month, the Supreme Court of Canada revisited the Private Use … Continue reading

Posted in Criminal | Leave a comment

Entering the Fray for Self-Represented Litigants

By: Ian Pillai PDF Version: Entering the Fray for Self-Represented Litigants Case Commented On: R v Crawford, 2015 ABCA 175 Judicial interventions are common in trials involving self-represented litigants, especially in family and civil courts. According to a report authored … Continue reading

Posted in Access to Justice, Criminal | Leave a comment

Agent Regulation: The Case of Emmerson Brando (AKA Arturo Nuosci, AKA Maverick Austin Maveric, AKA Landon Emmerson Brando)

By: Heather White & Sarah Burton PDF Version: Agent Regulation: The Case of Emmerson Brando (AKA Arturo Nuosci, AKA Maverick Austin Maveric, AKA Landon Emmerson Brando) Case Commented On: R v Hansen, 2015 ABPC 118 On May 12, 2015, CBC … Continue reading

Posted in Access to Justice, Criminal | 1 Comment

Life, Liberty, and the Right to CanLII: Legal Research Behind Bars

By: Sarah Burton PDF Version: Life, Liberty, and the Right to CanLII: Legal Research Behind Bars Case Commented On: R v Biever, 2015 ABQB 301 The link between access to information and access to justice is not often discussed, but … Continue reading

Posted in Access to Justice, Criminal | Leave a comment

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