Category Archives: Criminal

When Should Judicial Discretion Trump Expert Testimony?

By: Erin Sheley PDF Version: When Should Judicial Discretion Trump Expert Testimony? Case Commented On: R v Clark, 2016 ABCA 72 (CanLII) In Regina v Clark the Alberta Court of Appeal reinforced the principle that trial courts should enjoy broad … Continue reading

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Mastery or Misogyny? The Ghomeshi Judgment and Sexual Assault Reform

By: Joshua Sealy-Harrington PDF Version: Mastery or Misogyny? The Ghomeshi Judgment and Sexual Assault Reform Case Commented On: R v Ghomeshi, 2016 ONCJ 155 On March 24, 2016, Justice Horkins of the Ontario Court of Justice acquitted Jian Ghomeshi of … Continue reading

Posted in Criminal, State Responses to Violence | 4 Comments

What Ought Crown Counsel to do in Prosecuting Sexual Assault Charges? Some Post-Ghomeshi Reflections

By: Alice Woolley PDF Version: What Ought Crown Counsel to do in Prosecuting Sexual Assault Charges? Some Post-Ghomeshi Reflections Case Commented On: R v Ghomeshi, 2016 ONCJ 155 The Ghomeshi trial made me think about the ethical duties of prosecutors … Continue reading

Posted in Criminal, Ethics and the Legal Profession, State Responses to Violence | 9 Comments

R v LSM and the “Sanctity” of the Joint Submission

By: Lisa Silver PDF Version: R v LSM and the “Sanctity” of the Joint Submission Case Commented On: R v LSM, 2016 ABQB 112 In R v LSM, 2016 ABQB 112, Associate Chief Justice Rooke of the Court of Queen’s … Continue reading

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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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