Category Archives: Criminal

Blow over? Think twice before blaming it on the flu.

Posted on December 21, 2011 by Arlene Kwasniak

PDF version: Blow over? Think twice before blaming it on the flu.  Decision considered: R v Kasim, 2011 ABCA 236. The Respondent claimed to have drunk no more than 3 or 4 beers between 7 and 8:30 p.m. on September … Continue reading →

Posted in Criminal | Comments Off on Blow over? Think twice before blaming it on the flu.

The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women?

Posted on December 8, 2011 by Jennifer Koshan

By: Jennifer Koshan PDF Version: The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women? Legislation considered: Bill C-19, An Act to amend the Criminal Code and the Firearms Act (“Ending the … Continue reading →

Posted in Constitutional, Criminal, Family, Human Rights | 3 Comments

Pleading Fairly

Posted on July 18, 2011 by Alice Woolley

PDF version: Pleading Fairly  Case considered: R. v. Nixon, 2011 SCC 34 Introduction In its June 3, 2011 Throne Speech, the Canadian government announced its plan to introduce an omnibus crime bill. Based on the limited information provided in the … Continue reading →

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

Consciousness and Consent in Sexual Assault Cases

Posted on June 17, 2011 by Jennifer Koshan

PDF version: Consciousness and Consent in Sexual Assault Cases Case considered: R. v. J.A., 2011 SCC 28 Can a person consent in advance to sexual activity that occurs while she is unconscious? A majority of the Supreme Court of Canada … Continue reading →

Posted in Criminal, State Responses to Violence, Supreme Court of Canada | 1 Comment

Is R v Gomboc really only about a homeowner’s expectation of privacy or is there more to it?

Posted on January 12, 2011 by Brian Seaman

PDF version: Is R v Gomboc really only about a homeowner’s expectation of privacy or is there more to it?  Case commented on: R. v. Gomboc, 2010 SCC 55 The late November 2010 decision of Canada’s Supreme Court in R. … Continue reading →

Posted in Constitutional, Criminal, Supreme Court of Canada | 3 Comments