On February 11, 2021, the Ontario Court of Appeal (“ONCA”) will hear the Crown’s appeal to Justice Shaun Nakatsuru’s decision in R v Morris, 2018 ONSC 5186 [Morris]. In his decision, Justice Nakatsuru used pre-sentencing reports on anti-Black racism and the social history of the defendant to account for the factor of systemic racism in […]
The Court of Appeal’s (“CA”) decision in Bissonnette c. R., 2020 QCCA 1585 (“Bissonnette”), illuminated the importance of respecting Parliament’s authority to re-write legislation when a court declares a statute unconstitutional.
Canada’s opioid crisis has been even deadlier than COVID-19. There were 16,364 apparent opioid-related deaths between January 2016 and March 2020, with the situation worsening during the current pandemic.
Content warning: The following article contains content regarding sexual offences against a child that may be triggering for some readers. What elements should be considered when determining sentencing principles for sexual offences against children? Are there special factors that need to be considered for these morally reprehensible offences, or do offenders deserve more certainty […]
In August 2012, the Federation of Quebec Maple Syrup Producers (“PPAQ”) filed a complaint with the Quebec police that 5.9 million pounds of maple syrup, valuing $17.8 million, had been stolen from a warehouse in St-Louis-de-Blanford. The sensational story garnered media coverage from all over the world, and a whole episode in Netflix’s Dirty Money […]
The concept of mindfulness involves being present in the moment and allows an individual to take into consideration their surroundings, which may play a role informing their decision making. When someone is mindful of their circumstances, especially when driving, arguably they are in much better position to achieve the best results.
What does it mean to say that a law is constitutional or not? What are we getting at when a label of constitutionality is attached to a law? Of course on one level, we are asking whether a particular provision violates the Canadian Charter of Rights and Freedoms [Charter] (or is vires) – a technical […]
On June 29, 2018, the Supreme Court of Canada (the “Supreme Court”) delivered its ruling in R v Suter, 2018 SCC 34 [Suter], a case which, at its core, “raises critical questions about what can legitimately be considered as ‘relevant aggravating or mitigating circumstances relating to the offence or the offender’” (Factum of the Appellant, […]
