Criminal Offences

Victim-Fine Surcharge: Blood from a Stone

On October 21, Canada’s Minister of Justice, Jody Wilson-Raybould, announced that the federal government would be changing the victim-fine surcharge regime. This is long overdue and will have a significant impact on the criminal justice system. The victim-fine surcharge was first introduced by the federal government in 1989, with the intention being that offenders should …

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Searches incident to Arrest – Expanding Police Powers

The Supreme Court of Canada issued a landmark, albeit split, decision in June of 2016 that has received little attention. The case is an example of the continual growth of police powers, especially related to the common law doctrine of search incident to arrest, and of the swinging pendulum between protecting rights of alleged sexual …

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“Reasonably Prompt Justice”: A new Framework for the Right to be Tried within a Reasonable Time

How many court-drama shows feature the well-worn plot of offence, investigation, charge, trial, and conviction/acquittal, all somehow miraculously fitting into an hour-long (or, more accurately, 43-minute-long) program? Anyone who has any familiarity with our court system, even to fight a simple traffic ticket, knows how unrealistic these programs are. Getting one’s day in court takes …

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Jian Ghomeshi Trial provokes Debate about Defence Lawyer Procedures

The recent Jian Ghomeshi trial received extensive news coverage and sparked media attention on the ‘appropriate’ behaviour for defence attorneys in sexual assault cases.  In this 2016 judge-alone trial, Mr. Ghomeshi, a former and well-known host of the CBC Radio show “Q” faced four charges of sexual assault and one charge of overcoming resistance by …

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A Hypothetical Analysis: Would Justin Trudeau Be Guilty of Assault?

Prime Minister Justin Trudeau made national and international headlines for his actions in the House of Commons during the evening of May 18. Frustrated with a delay over a vote to limit debate in relation to a time-sensitive assisted-dying bill, Prime Minister Trudeau crossed the floor of the House of Commons in order to physically …

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