Criminal – Page 38

In what circumstances can Crown prosecutors stay proceedings with impunity? This was the issue in a recent Alberta case, R. v. Powder, where the court seemed to disagree with the Crown’s actions but also seemed to feel powerless to respond. Given that the Crown may recommence proceedings it has stayed within one year of the stay, this case has implications for how the Crown can deal with a prosecution that has gone off the rails. The case is also of interest because it involves the use of tasers, a law enforcement tool that has come under much criticism lately.

Sentencing under the Youth Criminal Justice Act: Are Kids Really Getting Away with Murder?

By Greg Francis

On October 27, 2008

In Criminal, Youth and the Law

Cases Considered: R. v. T.W.T., 2008 ABCA 306; R. v. Williams, 2008 ABCA 317.

PDF Version: Sentencing under the Youth Criminal Justice Act: Are Kids Really Getting Away with Murder?

The Youth Criminal Justice Act, S.C. 2002, c. 1 (YCJA), has been the subject of a great deal of comment and discussion in recent months. Critics argue that the legislation does not adequately respond to youth crime, and the Conservative government has proposed an overhaul of the Act (see http://www.conservative.ca/EN/1091/106115). In the spring, Justice Minister Rob Nicholson toured the country conducting roundtable discussions with stakeholders, seeking feedback on the need to tighten bail provisions and impose automatic adult sentences for youth found guilty of serious and violent crime and repeat offences.

Thoughts on Alberta and the Federal Election

By Jennifer Koshan

On October 16, 2008

In Constitutional, Criminal, Natural Resources

The National Post recently ran a feature choosing different election theme songs for the federal political parties (see http://www.nationalpost.com/news/story.html?id=822081). Critics of Alberta’s dismal turnout on voting day (52.9% of eligible voters) might suggest that the election itself deserved its own theme song in this province – Pink Floyd’s “Comfortably Numb” comes to mind, or perhaps “I’m Only Sleeping” by the Beatles (I am dating myself here – other suggestions welcome). This complacence is troubling in light of the fact that many issues of potential concern to Albertans were discussed during the election, some of which we explored in constitutional law this term.

Lawyers, Clients, Parties and the Right to Counsel

By Jennifer Koshan

On October 3, 2008

In Constitutional, Criminal

Cases Considered: R. v. Karmis, 2008 ABQB 525

PDF Version: Lawyers, Clients, Parties and the Right to Counsel

The right to counsel is a revered constitutional right in Canada, but casting aside the understandings of this right that derive from American television shows, what does it really mean? Does it include, for example, the right to retain counsel of one’s own choosing? What if the proposed lawyer was present at the scene of the alleged crime, although not an actual witness to the events? This was the scenario in R. v. Karmis, where a man accused of assault causing bodily harm sought to hire a lawyer who happened to be present at the party where the alleged events occurred.

Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

By Linda McKay-Panos

On September 25, 2008

In Constitutional, Criminal

Cases Considered: R. v. White, 2008 ABCA 294

PDF Version: Alberta Court of Appeal Upholds Constitutionality of Deferring Publication of Information Given at Bail Hearings

In these days of flagrant disregard of publication restrictions, especially by “electronic ban breakers” (in the case of Karla Homolka, for example), it is interesting to see yet another case where various traditional media sought to strike down a provision of the Criminal Code dealing with the publication of evidence heard in bail proceedings.