Category Archives: Criminal

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

Posted in Access to Justice, Criminal | Leave a comment

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

Supreme Court Denies Leave to Appeal in Marital Rape Sentencing Case

PDF Version: Supreme Court Denies Leave to Appeal in Marital Rape Sentencing Case Case commented on: R v QJK, 2013 ABCA 244; leave to appeal to SCC dismissed November 21, 2013 On November 21, 2013 the Supreme Court of Canada … Continue reading

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Blind Justice? Accommodating Offenders with Disabilities

PDF Version: Blind Justice? Accommodating Offenders with Disabilities Case commented on: R v Myette, 2013 ABCA 371 To what degree should courts accommodate the circumstances of persons with disabilities whose crimes attract jail sentences? The Alberta Court of Appeal recently … Continue reading

Posted in Constitutional, Criminal, Human Rights | 1 Comment

Prosecutorial Discretion and Solicitor-Client Costs

PDF Version: Prosecutorial Discretion and Solicitor-Client Costs Case commented on: R v Leonard, 2013 ABQB 531 In R v Leonard, 2013 ABQB 531, Justice Thomas awarded solicitor-client costs against the Crown on the basis that the Crown continued with the … Continue reading

Posted in Criminal, Ethics and the Legal Profession | 2 Comments

Domestic Violence Cases: A Summer Snapshot

PDF Version: Domestic Violence Cases: A Summer Snapshot Cases commented on: R v Hooker, 2013 ABQB 271; R v Bandesha, 2013 ABCA 255 There were a number of reported Alberta cases involving domestic violence this summer. The decisions collectively illustrate … Continue reading

Posted in Criminal, State Responses to Violence | 2 Comments

Blurred Lines: The Need for Clear Criteria in the Sentencing of Sexual Assaults

PDF Version: Blurred Lines: The Need for Clear Criteria in the Sentencing of Sexual Assaults Case commented on: R v Sam, 2013 ABCA 174 What is a “major sexual assault” for the purposes of applying sentencing guidelines in sexual assault … Continue reading

Posted in Criminal, State Responses to Violence | 3 Comments