Trial by jury is a fundamental aspect of the criminal justice system and a protected right under section 11(f) of the Canadian Charter of Rights and Freedoms for crimes carrying a maximum punishment of five years or more. In a jury trial, the jury acts as the finder of fact and is required to weigh [...]

As a general rule, individuals should be free from interference by the state unless the law specifically authorizes such interference (see e.g., R v Wong [1990] 3 SCR 36, para 28).  In the context of investigating crimes, this means that the police, again, as a general rule, may only search a person or place likely [...]

The Illegal Lawyer? The phrase “illegal lawyer” may soon be more than just a bad oxymoron. The California Supreme Court (“CSC”) will render a verdict on what could be a huge issue concerning the rights of illegal immigrants in the United States. In re Garcia on Admission S202512 deals with the case of Sergio Garcia, [...]

They Don’t Want Him and Neither Do We: Omar Khadr’s Continuing Canadian Transfer Issues The story of Omar Khadr, the Canadian who was captured by U.S. troops in Afghanistan in 2002 as a 15-year old boy, and subsequently accused of being a terrorist, is familiar to many Canadians by now. Equally resonant in the nation’s public [...]

Having taken criminal law courses in law school, and having written numerous commentaries on criminal cases before the courts for TheCourt.ca, I have developed a rather strong stomach. Not much gets under my skin anymore. One case decided by a lower court in Ontario earlier this month stood out for me, though. The case of [...]

R. v. Ipeelee [2012 SCC 13] is a difficult case. As with most criminal cases, the facts of the case are difficult to stomach: a dizzying confluence of alcohol and drugs and then bursts of violence, particularly against women. Raised without parental guidance in an abusive home, the two defendants, both of whom are of [...]

When it Comes to Homicide, What’s Common? The Supreme Court of Canada will have the opportunity to revisit the charges laid of Adrian John Walle, a developmentally delayed Calgarian (cf. R v Walle, 2010 ABCA 384) on April 13. The Court will decide whether the Alberta Court of Appeal was correct in applying the “common [...]

As Tony Montana in Scarface, Al Pacino delivers one of the most memorable lines in the movie: “I always tell the truth. Even when I lie.” This concern is lodged at the centre of the recent Supreme Court of Canada decision in R. v. D.A.I., 2012 SCC 5. Specifically, the Court tackled the question of what it [...]

A unique argument is before the Ontario Court of Appeal (OCA) regarding the case of an Ontario Aboriginal facing extradition and criminal charges in Minnesota, United States. The case has advocates arguing the Canadian government’s unique obligation towards the Aboriginal community, under s.718.2(e) of Canada’s Criminal Code, should prevent an extradition where the accused faces [...]

They have done away with the nightmarish scenes from George Orwell’s 1984. They have done away with the unnerving language of insidious dangers around the corner. They have even done away with hypothetical scenarios involving round-the-clock surveillance of each other. The decision that the nine justices on the United States Supreme Court reached last week [...]