APPEAL WATCH: SCC to Opine on Fitness to Stand Trial Test
The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial. In its ruling in R...
Tagged: Appeal Watch
Appeal Watch: Guilt and Conviction for Lesser Included Offences
In R v Wolfe, 2022 SKCA 132 [Wolfe], the Saskatchewan Court of Appeal (“SKCA”) affirmed that part VIII.1 of the Criminal Code, RSC 1985, c C-46 [Code] grants judges the...
Appeal Watch: Sentencing Offenders with Disabilities in J.W. v His Majesty the King (Part II)
For an overview of the judicial history of this case, please see the first installment of this contribution. In this second contribution, I focus on the two underlying legal questions...
Appeal Watch: Sentencing Offenders with Disabilities in J.W. v His Majesty the King (Part I)
Content Warning: The facts of this case involve the mention of serious violence and sexual assault. The Supreme Court of Canada (“SCC”) has granted leave [40956] to appeal the...
