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ABlawg News

On January 23, 2013

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ABlawg is thrilled to have been awarded the Clawbie for Best Law School / Law Professor Blog for 2012. Thanks again to our indefatigable bloggers and enthusiastic readers, commenters, and nominators. ABlawg’s winning the Clawbie makes for an auspicious beginning to our 5^th anniversary celebrations, which will kick off in February. The ABlawg dates back to November 2007, and went live in February 2008. Here are some exciting ABlawg celebratory events readers can look forward to in the coming weeks:

Domestic Violence and Duress: In Search of a Contextual Approach

By Jennifer Koshan

On January 21, 2013

In Constitutional, Criminal

PDF version: Domestic Violence and Duress: In Search of a Contextual Approach

Case commented on: R v Ryan, 2013 SCC 3.

On Friday January 18, the Supreme Court released its decision in R v Ryan. In a decision written by Justices LeBel and Cromwell, the Court held that Nicole Doucet (formerly Ryan) could not avail herself of the defence of duress in circumstances where she attempted to hire someone to kill her abusive husband. This ruling followed Ms Doucet’s acquittal for counselling murder at trial, which was upheld by the Nova Scotia Court of Appeal. Although the Supreme Court paid some attention to Ms Doucet’s circumstances by ultimately staying the proceedings against her (with Fish, J dissenting on this point), its analysis of the defence of duress was sorely lacking in context.

When does aggressive panhandling become robbery?

By Linda McKay-Panos

On January 18, 2013

In Criminal, Human Rights

PDF version: When does aggressive panhandling become robbery?

Case commented on: R v Ajang, 2012 ABCA 364.

This case addresses the relationship between members of society who are homeless or poor, and those who are uncomfortable and/or threatened by homeless or poor people, when they are asking for money. Mr. Ajang was charged with robbery under section 343(c) of the Criminal Code, RSC 1985 c C-46, which states that everyone commits robbery who assaults a person with intent to steal. The Trial Judge (Judge P.M. McIlhargey) found Ajang guilty of assault, but acquitted him of robbery. The Crown appealed this acquittal and the matter was heard by Justices Connie Hunt, Patricia Rowbotham and Brian O’Ferrall. The Court of Appeal overturned the acquittal and found that there was sufficient evidence of an intent to steal to support a conviction for robbery.

The right to trap in traditional territory: a case of competing normative orders?

By Nigel Bankes

On January 16, 2013

In Aboriginal

PDF version: The right to trap in traditional territory: a case of competing normative orders?

Decision commented on: Cooper and Boucher v Ganter and HMQA, 2012 ABQB 695.

I don’t actually know if this is a case of competing normative orders but it sure looks like it. More formally and abstractly this decision confirms that a claimant cannot avoid the six month limitation rule for judicial review proceedings by commencing an action by way of a statement of claim.

The death of free entry mining regimes in Canada?

By Nigel Bankes

On January 15, 2013

In Aboriginal, Natural Resources

PDF version: The death of free entry mining regimes in Canada?

Decision commented on: Ross River Dena Council v Government of Yukon, 2012 YKCA 14.

I (along with co-author Cheryl Sharvit) and others have long tried to make the case that free entry mining regimes are not only bad public policy but also unconstitutional on the grounds that the common premises of free entry regimes are inconsistent with the Crown’s duty to consult indigenous peoples whose rights and interests may be affected by the government’s decisions to allow others to acquire rights in traditional territory. See Bankes and Sharvit, Aboriginal Title and Free Entry Mining Regimes in Northern Canada, (1998) here and Bankes, “The Case for the Abolition of Free Entry Mining Regimes” (2004), 24(2) J. Land, Resources, & Envtl. Law 317-322.