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Criminal Code Offences

Taking Another Kick at the Causation Can in R v BF

What is the causal line between attempted murder and aiding suicide? The Supreme Court of Canada (“SCC”) will grapple with this issue as it has granted leave [41420] to appeal the Court of Appeal for Ontario’s (“ONCA”) decision in R v BF, 2024 ONCA 511 [BF]. At issue before the court will be the interplay […]

Common Sense, Speculative Reasoning, and Judicial Notice: SCC Grants Leave in R v Kruk

Content Warning: This article includes details about an allegation of sexual assault that may evoke strong emotions. In R v Kruk, 2022 BCCA 18 [Kruk], the British Columbia Court of Appeal ("BCCA") noted that "[relying] on … life experience to assess the credibility of witnesses is a daily and appropriate exercise for trial judges" (Kruk, […]

R v Nahanee: Notices and Further Submissions in Contested Sentencing Hearings

Content Warning: This article mentions instances of sexual violence that may be triggering for some readers. R v Nahanee, 2022 SCC 37 [Nahanee] is a case which addressed two key issues related to contested sentencing hearings following a guilty plea. The first issue was whether sentencing judges could depart from sentencing ranges proposed by the […]