Category Archives: Criminal

The Adverse Impact of Mandatory Victim Surcharges and the Continuing Disappearance of Section 15 Equality Rights

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Adverse Impact of Mandatory Victim Surcharges and the Continuing Disappearance of Section 15 Equality Rights Case Commented On: R v Boudreault, 2018 SCC 58 (CanLII) It was just over one … Continue reading

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

Trial Within A Reasonable Time: A Farewell to the Transitional Period

By: Drew Yewchuk PDF Version: Trial Within A Reasonable Time: A Farewell to the Transitional Period Case Commented On: R v Scher, 2018 ABCA 365; R v Carter, 2018 ABQB 657; R v Tetreault, 2018 ABCA 397 The Supreme Court … Continue reading

Posted in Criminal, Human Rights | Comments Off on Trial Within A Reasonable Time: A Farewell to the Transitional Period

“Marriage is not a rugby match”: Choking, Consent and Domestic Violence

By: Jennifer Koshan PDF Version: “Marriage is not a rugby match”: Choking, Consent and Domestic Violence Case Commented On: R. v Gardiner, 2018 ABCA 298 (CanLII) Sexual violence – how it is perpetrated and how allegations are handled by those … Continue reading

Posted in Criminal, State Responses to Violence | Comments Off on “Marriage is not a rugby match”: Choking, Consent and Domestic Violence

What Precisely Is A Regulatory Offence?

By: Lisa Silver PDF Version: What Precisely Is A Regulatory Offence? Case Commented On: R v Precision Diversified Oilfield Services Corp, 2018 ABCA 273 This semester, I will start teaching 1Ls the first principles of criminal law. The main components … Continue reading

Posted in Criminal, Statutory Interpretation | 1 Comment

A Fine Balance: Sentencing Suter in the Supreme Court of Canada

By: Lisa Ann Silver PDF Version: A Fine Balance: Sentencing Suter in the Supreme Court of Canada Case Commented On: R v Suter, 2018 SCC 34 Sentencing, Chief Justice Lamer tells us in R v M (CA), 1996 CanLII 230, … Continue reading

Posted in Criminal, Supreme Court of Canada | Comments Off on A Fine Balance: Sentencing Suter in the Supreme Court of Canada