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circumstantial evidence

Believing the Intoxicated Survivor: R v Kishayinew and the Nuanced Test for Sexual Assault

Content Warning: This article includes depictions of sexual violence that may evoke strong emotions. In the last three decades, the law of sexual assault has evolved drastically, most recently with the added definitions of consent under s. 273.1 of the Criminal Code, RSC 1985 c C-46 [Criminal Code]. In November, the Supreme Court of Canada […]

R v Fedyck: A Question of Evidence

In R v Fedyck, 2019 SCC 3 [Fedyck], the Supreme Court of Canada (“SCC”) convicted a firefighter for theft under $5,000. The case touched on questions of admissible evidence in a criminal trial, but did not satisfactorily answer them. The SCC simply agreed 5-0 with the majority opinion of the Manitoba Court of Appeal (“MBCA”), […]