Category: Criminal Procedure

Derailing a Criminal Proceeding Through Unreasonable Delay: The Supreme Court of Canada’s Decision in R. v. Ste-Marie

Introduction Criminal law is oftentimes understood as an outcome-oriented field of law, wherein procedure in the criminal justice system is ultimately aimed at achieving an outcome – guilty or not...

Implementing ‘Impact of Race and Culture Assessments’ in the Sentencing of Black Nova Scotian Offenders: R v Anderson

How should criminal courts account for the existence of systemic and pervasive anti-Black racism when sentencing Black offenders? This is the question that the Nova Scotia Court of Appeal (“NSCA”)...

Charter Breaches and the Concept of “Fresh Start”: SCC Grants Leave in James Andrew Beaver v R and Brian John Lambert v R

When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203...