2020

Today
Today

R. v Ayangma and Scott

  • October 15, 2015
  • Scott Barry and Emily MacDonald

Scott Barry and Emily MacDonald of Stewart McKelvey in Charlottetown offer up this recent example of a police operation capturing drug dealers, and a court having to determine when the opportunity to commit a criminal offence was offered to the accused.

Criminal Justice

R. v Neville: Responding to jury questions

  • October 15, 2015
  • Michael King

Michael King, of Simmonds + Partners Defence in St. John’s, looks at the case of R. v Neville to discuss the question of judges’ responses to jury questions, and how thorough and on point they must be.

Criminal Justice

Entrapment: Who's policing the police?

  • November 06, 2014
  • Harout Haladjian

In Canada, entrapment is not considered as a defence to a criminal accusation. Entrapment is not a justification or an excuse to a crime. To the contrary, entrapment can only be raised once the accused is found guilty.

Criminal Justice

Crown liability for damages under the Charter

  • November 02, 2014
  • James Gumpert

The Supreme Court of Canada will soon be hearing an appeal involving the issue of what the threshold is for grounding liability against the Crown in a public law suit based on a breach of an accused’s Charter rights by a Crown Attorney.

Criminal Justice

Ontario Court of Appeal rules intoxication a defence to arson

  • June 15, 2014
  • Ian Carter

People put themselves at the risk of setting more than they planned on fire every time they turn on the stove or light a candle, especially if they do it while drunk. And when things do go up in smoke, the question is: was it arson?

Criminal Justice

The SCC and Gladue: Fifteen years later, what progress?

  • April 15, 2014
  • C.C. Barnett and B. William Sundhu

When the SCC handed down its Gladue decision in 1999 it intended to right a wrong: the long-standing lack of regard for the essential differences between the lived experience of Aboriginal Peoples and those of people from other backgrounds.

Criminal Justice