Category Archives: Criminal

Unpacking R v Barton

By: Lisa A. Silver PDF Version: Unpacking R v Barton Case Commented On: R v Barton, 2017 ABCA 216 (CanLII)  R v Barton is a bold and intrepid decision. It is not so much a lengthy decision as it is densely … Continue reading

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“Beyond This Court’s Capacity”: Habeas Corpus Hearings Restricted to Liberty Remedies Only

By: Amy Matychuk PDF Version: “Beyond This Court’s Capacity”: Habeas Corpus Hearings Restricted to Liberty Remedies Only Case Commented On: McCargar v Canada, 2017 ABQB 416 (CanLII) On May 5, 2017, Mr. McCargar, currently a federal prison inmate, filed a joint … Continue reading

Posted in Constitutional, Criminal | 3 Comments

Sexual Assault, Starting Points, and Court of Appeal Panel Composition: A Chilling Effect on Individualized Sentencing?

By: Jennifer Koshan PDF Version: Sexual Assault, Starting Points, and Court of Appeal Panel Composition: A Chilling Effect on Individualized Sentencing? Case Commented On: R v Gashikanyi, 2017 ABCA 194 (CanLII) On the first day of summer, the Alberta Court of … Continue reading

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R v Cody: The Supreme Court Stands Their Ground on Unreasonable Delay

By: Drew Yewchuk PDF Version: R v Cody: The Supreme Court Stands Their Ground on Unreasonable Delay Case Commented On: R v Cody, 2017 SCC 31 (CanLII) Just a little under a year after the Supreme Court released R v Jordan, … Continue reading

Posted in Constitutional, Criminal, Supreme Court of Canada | 1 Comment

Charter Violations Inside Prisons: Irremediable in the Name of Protecting the Public?

By: Amy Matychuk PDF Version: Charter Violations Inside Prisons: Irremediable in the Name of Protecting the Public? Case Commented On: R v Blanchard, 2017 ABQB 369 (CanLII) The applicant in this case, Lance David Blanchard, is a nearly 60-year-old man who … Continue reading

Posted in Constitutional, Criminal | 1 Comment