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Archive For Entries On Criminal Law

BC Court of Appeal Declines to Expand Scope of Confessions Rule: R v Paterson

R v Paterson, 2015 BCCA 205 raised an evidentiary issue concerning the confessions rule that has not previously been contemplated at the appellate level: whether the voluntariness of statements made by the accused need to be proved beyond a reasonable doubt before they can be relied upon during a voir dire on a Charter issue.

R v Crevier: Police Informants and the Balancing Act of Challenging Warrants

Police representatives often speak about the difficulties of soliciting information from the public about crimes that have taken place. Fear and a “don’t snitch” culture are common explanations for why this problem exists. In 2009, Kenneth Mark was gunned down after testifying as a witness in an attempted murder trial. His tragic story is a […]

Guindon v Canada: It’s just a fine

Why We Should Be Suspicious of Timeshares Julie Guindon is the family and estate lawyer at the heart of Guindon v Canada, 2015 SCC 41 [Guindon] in which the Supreme Court of Canada (“SCC”) confirmed that penalties under s.163.2 of the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] are not criminal in […]

A Exclusive Interview: R v Spencer One Year Later

A New Hurdle To Protecting Our Children? A Perspective from the Toronto Police Internet Child Exploitation Unit Last year, published two key articles about the Supreme Court of Canada’s landmark ruling on Internet privacy. See Jordan Casey’s summary here and Stuart Wood’s analysis here. After its release, R v Spencer, [2014] 2 SCR 212 [Spencer] […]

Rejection of Joint Plea Deal Leaves Many Questions Unanswered: Matthew John Anthony-Cook v Her Majesty the Queen

The Supreme Court of Canada (“SCC”) has recently granted leave to appeal of the BC Court of Appeal decision in Matthew John Anthony-Cook v Her Majesty the Queen, 2015 BCCA 22 [Anthony-Cook]. The appellant, Mr. Anthony-Cook, was charged with manslaughter contrary to s. 236 of the Criminal Code, RSC 1985, c C-46. Mr. Anthony-Cook is […]

Hinse v Canada: Incomplete Justice?

Ignored Cries In Hinse v Canada, 2015 SCC 35 [Hinse] an element of the Crown’s prerogative power is brought into the limelight. Hinse was exonerated approximately 30 years after his conviction for armed robbery. He served five years and ultimately received a settlement for the injustice he experienced. It was Hinse’s position that not only […]

R v Rodgerson: How to Instruct a Jury on Post-Offence Conduct

The Facts In 2008, Jason Rodgerson met Amber Young at a bar in Oshawa. According to Rodgerson, after consuming alcohol and ecstasy together, he and Young engaged in consensual sex at his home. Rodgerson then lost interest in Young and wanted to return to the bar. Tensions escalated when Young asked to be compensated for […]

R v Kokopenace: Missed Opportunity for Action

Overrepresented in Jails, Underrepresented in Juries Since the 1970s, Grassy Narrows First Nation reserve has become synonymous with mercury poisoning and the associated health effects. By any measurement, the residents of the reserve have had a rough deal handed to them. In 2007, Grassy Narrows was also the site of a murder, the details of […]

Strategizing in the Shadow of Precedent: Another look at Henry v British Columbia

An earlier post provided a summary of Henry v British Columbia, 2015 SCC 24 [Henry]. Unanimously overturning a decision of the British Columbia Court of Appeal (“BCCA”), the Supreme Court of Canada (“SCC”), held that the plaintiff, who was wrongfully convicted and consequently spent twenty seven years in prison for crimes he did not commit, […]

Clearing the fog? St. Cloud and the Reinterpretation of Bail Procedure

The death of Bridgett Takyi, a 27-year-old mother, represents the worst nightmare of any Justice of the Peace. In Ontario, justices make critical decisions, such as whether an accused should be released from jail pending trial. While out on bail for charges including assault and uttering death threats against Ms. Takyi, Emmanuel Owusu-Ansah, Ms. Takyi’s […]