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Archive For Entries On Criminal Code

Secretly Poking Holes in Condoms Vitiates Consent to Sexual Activity: R v Hutchinson

After two trials and cycles through the appellate court system, the Supreme Court of Canada (SCC) has dismissed the appeal in R v Hutchinson, 2014 SCC 19 [Hutchinson]. Building on the decision in R v Mabior, [2012] 2 SCR 584 [Mabior], the Court in Hutchinson further clarified the law surrounding consent to sexual activity, holding that […]

Supreme Court Sets High Bar for Prosecutorial Abuse of Process in R v Babos

In R v Babos, 2014 SCC 16 [Babos], the issue was whether the Crown misconduct, in the form of intimidation and threats, was severe enough to warrant a stay of proceedings for the accused. A 6-1 majority of the Supreme Court of Canada (SCC) has held that prosecutorial misconduct or abuse of process must be […]

Mandatory Minimum Sentence for Drug Offences Struck Down by BC Provincial Court in R v Lloyd

After finding the mandatory minimum sentence for drug possession for the purpose of trafficking (contrary to s. 5(2) of the Controlled Drugs and Substances Act [CDSA]) violated s. 12 of the Charter (R v Lloyd, 2014 BCPC 0008 [Lloyd]) in January 2014, Galati J. of the Provincial Court of British Columbia has found that the […]

Constructive Murder Committed on 18th Birthday: Conviction Upheld and Law Clarified in R v White

In a particularly lengthy decision, the Ontario Court of Appeal (ONCA) dismissed the appeal of a conviction for first degree murder in R v White, 2014 ONCA 64. The appellant and two co-accused were convicted in 2009 for the tragic 2007 stabbing death of Brampton youth, Akila Badhanage. On appeal, the appellant White raised three […]

Sentencing Firearms Convictions Without Mandatory Minimums: R v Smickle

In 2012 Justice Anne Molloy of the Ontario Superior Court of Justice ruled that the law mandating three-year mandatory minimum sentences for possession of a loaded, prohibited firearm was unconstitutional. Instead, the respondent, who had been convicted of possession of a loaded, prohibited firearm contrary to section 95 of the Criminal Code, was given a […]

Op-Ed: A Glimmer Of Hope For Juveniles Sentenced To Life Without Parole

On June 25, 2012, the U.S. Supreme Court released its monumental decision in Miller v. Alabama ((2012) 132 S. Ct. 2455). The Court held that a mandatory sentence of life in prison without the possibility of parole (“LWOP”) for any offender who committed his offence while under the age of 18 is contrary to the eighth […]

With Divided Medical Evidence in NCR Case, ONCA is Deferent to Jury: R v Downs

The not criminally responsible (NCR) regime is currently the subject of media and public scrutiny, with the proposed reforms of Bill C-14 (formerly C-54; Not Criminally Responsible Reform Act) in the Senate. In the recent decision of R v Downs, 2014 ONCA 20 [Downs], the Ontario Court of Appeal (ONCA) reviewed a case in which an […]

Poking the Bear? SCC Leaves Prostitution in Hands of Parliament, Striking Down Harmful Laws in Bedford

To end its 2013 sessions, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford], effectively striking down all of the current laws restricting to autonomous prostitution. I released a preliminary post summarizing the legal basis for the judgment shortly after the decision was released, here. […]

BULLETIN: SCC Releases Landmark Decision in Canada v Bedford, Strikes Down Prostitution Laws

In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]

Conservatives Twist Trudeau’s Tweet: Guns, Rights, Judges, and Mandatory Minimums

Further to my bulletin posted here, on November 12, 2013, the Court of Appeal for Ontario (ONCA) has struck down the three-year mandatory minimum sentence for possession of prohibited or restricted firearm (with ammunition either loaded or easily accessible; s. 95 of the Criminal Code) in a series of six decisions. The unanimous decisions come […]