Category Archives: Sentencing
Lost in Precedent: Preserving “the Rule of Law” Through the Minimization of Identity
By: Emma Arnold-Fyfe PDF Version: Lost in Precedent: Preserving “the Rule of Law” Through the Minimization of Identity Case Commented On: R v Blackplume, 2021 ABCA 2 (CanLII) Editor’s Note During Equity, Diversity and Inclusion (EDI) Week at the University … Continue reading
Like A House of Cards: Sentencing McKnight
By: Lisa Silver PDF Version: Like A House of Cards: Sentencing McKnight Case Commented On: R v McKnight, 2020 ABQB 443 (CanLII) Law abhors a vacuum; to be meaningful, legal rules and principles must be tethered to reality. This means the law … Continue reading
Binding The Courts: The Use of Precedent in Sentencing Starting Points
By: Lisa Silver PDF Version: Binding The Courts: The Use of Precedent in Sentencing Starting Points Cases Commented On: R v Felix, 2019 ABCA 458; R v Parranto, 2019 ABCA 457 The Alberta Court of Appeal recently released two companion … Continue reading
Gladue Factors: Still Not a “Race-Based Discount”
By: Amy Matychuk PDF Version: Gladue Factors: Still Not a “Race-Based Discount” Case Commented On: R v Matchee, 2019 ABCA 251 In R v Matchee, Justices Patricia Rowbotham, Ritu Khullar, and Dawn Pentelechuk of the Alberta Court of Appeal (ABCA) overturned … Continue reading
Alberta Court of Appeal Broadens the Scope of Offences for Conditional Discharges
By: Serena Eshaghurshan PDF Version: Alberta Court of Appeal Broadens the Scope of Offences for Conditional Discharges Case Commented On: R v Chowdhury, 2019 ABCA 205 In May 2019, the Alberta Court of Appeal (ABCA) heard an appeal for a dangerous … Continue reading
