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Archive For Entries On Criminal Law

R v Lloyd: BC Court of Appeal Declines to Declare Minimum Sentencing Legislation Invalid

At issue in R v Lloyd, 2014 BCCA 224 was whether section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act, SC 1996, c 19 [CDSA] amounted to cruel and unusual punishment under section 12 of the Charter. Section 5(3)(a)(i) of the CDSA contemplates certain conditions whereby a sentencing judge must impose a mandatory minimum sentence […]

R v Moriarity: Reconfirming the Jurisdiction of Court Martial in Canada

In R v Moriarity, 2015 SCC 55 [Moriarity], the Supreme Court of Canada (“SCC”) looked at whether certain provisions of the National Defence Act, RSC 1985, c N-5 [NDA] are overbroad and contrary to section 7 of the Canadian Charter of Rights and Freedoms [Charter]. The practical consequences of the case have to do with […]

Live from the Supreme Court: Andelina Kristina Hecimovic v Her Majesty the Queen

The Supreme Court of Canada (“SCC”) has handed down another decision on dangerous driving in Andelina Kristina Hecimovic v Her Majesty the Queen. Hecimovic was charged with two counts of dangerous driving causing death. The British Columbia Supreme Court acquitted her. The BC Court of Appeal allowed an appeal from the acquittal and ordered a new trial. […]

R v Noureddine: The Impact of Imposing Static Triers

In R v Noureddine, 2015 ONCA 770 [Noureddine], the trial judge misunderstood how juries are selected by appointing static triers, rather than rotating triers per section 640(2.1) of the Criminal Code, RSC, 1985, c C-46. Facts The appellants, Mr. Noureddine and Mr. Sheridan, were both charged with first degree murder. Both were acquitted, but subsequently […]

R v Riesberry: A Job for the Highest Court in the Land

So far, in R v Riesberry, the Supreme Court of Canada (“SCC”) was uncharacteristically laconic – in an oral judgment on the day of hearing, it “dismissed the appeal with reasons to follow.” As of now, the SCC has yet to release its reasons. Having mulled over the Ontario Court of Appeal (“ONCA”) decision that […] Update: Sentencing for the Murder of Officer Garrett Styles

Sentence Handed Down Recently, published an analysis of how the court might rule in the case of R v SK. On November 16, 2015, Superior Court Justice Alex Sosna rendered his sentence for the now 19-year old man who was convicted for the first-degree murder of York Regional Police Officer Garrett Styles. Justice Sosna […]

Breaking New ‘Tertiary’ Ground? Marco Muzzo in the Shadow of St. Cloud

By now we have all heard the story of three children and their grandfather killed in a car accident in Vaughan, ON on September 27th due to the actions of an alleged drunk driver. The heart wrenching public statements made by a father who must bury all of his children and a mother who lost both […]

R v Smith: Removing Arbitrariness in the Regulation of Medical Marihuana

Introduction The regulation of medical marihuana has been a hot topic for quite some time now. More recently, the issue of how much regulation should be required went up to the Supreme Court of Canada (“SCC”) in R v Smith, [2015] 1 SCR 34 [Smith] this past June. In Smith, the SCC lightened the restrictions on […]

Live from the Supreme Court of Canada: Steven Michael Neville v The Queen

The Supreme Court of Canada (“SCC”) has handed down a decision on Steven Michael Neville v The Queen, a criminal right of appeal case that centred around the jury’s question of whether “to kill” was the same as “to murder.” The trial judge’s instructions left the answer to this question unclear, leading to concerns that […]

R v DLW: The Legalization of “Bestiality” in BC and its Impact on Animal Welfare

At first glance, the Supreme Court of British Columbia (“BCSC”) and British Columbia Court of Appeal (“BCCA”) decisions in R v DLW appear to focus only on uncovering the true meaning of the term “bestiality.” However, as you dig deeper, the principal issue of animal welfare begins to take on a prominent role in these […]