The Constitution and Our Nation(s)
“Why don’t we appoint an aboriginal justice to the Supreme Court of Canada?” Troy Hunter, a law student at the University of Victoria, posed this question to the panel at...
Monthly Archive: January 2008
R v CLY: The Soft-Boiled Egg of R v W(D)
Amongst the most difficult cases for the criminal justice system are those where there is no evidence of criminal conduct independent from the victim and where the defence position is...
How Many Times Can You Split the Standard of Review?
One of the most significant challenges currently facing the SCC is to provide clarification on the approach the courts should take in their review of administrative decisions. While the pragmatic...
Getting “Beyond a Reasonable Doubt”: R v CLY
The Supreme Court of Canada’s (“SCC”) recent decision in R v CLY, 2008 SCC 2, should help clarify some of the substantive implications of the standard burden of proof in...
