CBC writes, the “Supreme Court has never ruled on whether a prosecutor can cancel a plea deal.” In a unanimous Supreme Court decision by Justice Charron in R. v. Nixon, the SCC ruled on exactly that issue. Justice Charron’s decision identifies the applicable test when a Crown reneges on a plea agreement. Indeed there is […]
The justices on the Court of Appeal for Ontario diligently erect an architectural analogy to better understand the legal issues at hand in R. v. Campbell. At the centre of the case is the question of whether the accused’s Charter right was violated when the police searched his rented room. Before the case reached the […]
As the story goes, Mr. Salmon became involved with a 17-year-old woman, induced her to become a prostitute, and proceeded to claim the majority of her earnings. After approximately two weeks, the woman walked into a Peel Regional Police Service (PRPS) office to file her complaint. She told the officers where Mr. Salmon was staying, and […]
The Globe & Mail calls the recent Supreme Court decision in R. v. O’Brien a “clash between liberal and conservative factions on the Supreme Court of Canada.” But this case actually highlights the problem which arises when judicial errors at the trial level are compounded by an unwillingness of higher courts to acknowledge and rectify […]
A trial judge is not required to itemize every conceivable issue, argument or thought process in his or her reasons. Trial judges are entitled to have their reasons reviewed based on what they say, not on the speculative imagination of reviewing courts. Here, the trial judge expressly stated that he relied only on the DNA […]
Few issues have the power to invoke a more potent and severely personal response than that of sexual assault. It is, at its core, an indefensible act. It should follow, one would like to believe, that the Canadian justice system – whether it be Parliament or the Judiciary - would have the law surrounding sexual […]
On May 26, 2011, the international publication The Economist featured an article about moose in Canada. In particular, they focused on moose in Newfoundland and Labrador. These "lumbering giants" are wreaking havoc on the roads, resulting in over 700 collisions every year, many of which are fatal. Having no natural predators, their population has soared […]
After a convincing election victory, Prime Minister Harper is set to move forward with his plan to reform Senate. Since 2006, PM Harper has persistently attempted to reform Senate only to fail. Senate reform remains a hotly contested issue, especially within the provinces whose positions range from complete abolishment, provincial elections (as proposed by PM […]
Even though our freedom of information legislation has not been thrust into the spotlight as violently as it did in the United States recently, we, as active citizens and civic participants, should take a closer look at our right to access information about governmental services in a timely and accurate fashion. Over the last few […]
Justice Elaine Adair, for the Supreme Court of British Columbia in Pratten v. British Columbia (Attorney General), 2011 BCSC 656, has struck down provincial legislation that protects sperm donor anonymity. More specifically, it was held that certain provisions of B.C.’s Adoption Act and Adoption Regulation unjustifiably violated section 15 of the Canadian Charter of Rights […]