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Archive For Entries On Criminal justice

Amici Curiae: Costa Concordia, the Indian Act, and the Shafia Trial

Costa Concordia: A Sea of Suits The RMS Titanic struck an iceberg on her maiden voyage from England to New York City. The ship sank on April 15, 1912. History repeated itself nearly 100 years later when the Costa Concordia hit a rock off the Coast of Italy and sunk on January 13, 2012. As [...]

The Supreme Court of Canada Narrows Informer Privilege

Informers who cooperate with the police in the investigation of drug-related crimes often face grave danger once they become known as “rats” by their criminal associates. The law of informer privilege is a sacrosanct protection designed to guard the identity of informers to protect them from retribution and, in doing so, encourage informers to cooperate [...]

Child Pornography, ‘Undue’ Harm, and the Clapham Omnibus: A Case Comment on R. v. Katigbak

In R. v. Katigbak, 2011 SCC 48, the Supreme Court was called on to clarify the nature and scope of the child pornography defence in s.163 of the Criminal Code of Canada, R.S.C., 1985, c. C-46 that existed before and after legislative amendment in 2005. Robert Katigbak was found with 628 images and 30 video [...]

Admissibility & The Lack of Legal Counsel, A Comparative Perspective: Her Majesty’s Advocate v P (Scotland) [UKSC]

In early October the Supreme Court of the United Kingdom [‘UKSC’] was asked to determine whether evidence with an independent life of its own, obtained from an individual without a lawyer, is admissible in light of the respective guarantees to a fair trial and to legal advice in Articles 6(1) and 6(3) of the European [...]

R. v. Côté: An Interpretation and Extension of Grant

After much wrangling in cases such as R. v. Collins [1987 SCC 11] and R. v. Stillman [1997 SCC 32], the Supreme Court of Canada finally recognized the full purpose of Section 9 of the Charter of Rights and Freedoms in the landmark decision of R. v. Grant [2009 SCC 32] two years ago. In [...]

Saskatchewan Human Rights Commission v. William Whatcott, et al. (2010), currently before the SCC

Before being born again, Bill Whatcott had it rough: by 14 he was living on the streets, selling himself to older men to survive, sniffing glue to get by. His religious rebirth transformed him into an outspoken member of the Christian Truth Activists. The religious teachings he chooses to preach in this new life do [...]

Reneging on a Guilty Plea, Citing ADD

It all started at around the time of the terrorist attacks in New York City. He was a prominent dentist. She was an attractive blonde woman. Sitting the dentist’s chair in Dr. Jeffrey R. Burkes’ office in midtown Manhattan, Shari Perl Herman was getting her wisdom teeth removed by Dr. Burkes. It was supposed to [...]

Italian Seismologists to Stand Trial on Manslaughter Charges

In what has been described as a “medieval-style attack on science,” Italian prosecutors have charged six seismologists and one public official with manslaughter for their role in an earthquake that devastated the town of L’Aquila. The 6.3-magnitude earthquake took the town by surprise on April 9, 2009, resulting in over 300 deaths. The prosecution’s case [...]

D.C. v. R. – HIV Criminalization Headed to the Supreme Court

June 2011 marked the thirtieth anniversary of the first reported cases of HIV/AIDS in the United States, and U.S. Secretary of State Hillary Rodham Clinton commemorated the sombre occasion by recalling the disease’s history. In her remarks on June 5, Clinton noted that in the early days of the HIV/AIDS epidemic, “the world was shocked [...]

R. v. Campbell: Is a Man’s Home Really His Castle?

The justices on the Court of Appeal for Ontario diligently erect an architectural analogy to better understand the legal issues at hand in R. v. Campbell. At the centre of the case is the question of whether the accused’s Charter right was violated when the police searched his rented room. Before the case reached the [...]