On February 17, 2017, Justice Gates of the Alberta Court of Queen’s Bench handed down what is being referred to as the “harshest” sentence in recent Canadian history, tied with Christien Bourque’s sentence in 2014. This disposition of three consecutive life sentences, which will render the offender ineligible to apply for parole for 75 years, […]
Nearly three years after the Supreme Court (“the Court”) issued its ground-breaking judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] and two years since the federal government passed Bill C-36, the Canadian polity remains mired in philosophic, moral, and political debate surrounding the acceptability of sex work. The Protection of Communities and […]
The Court’s decision in KRJ this summer provides a new test for “punishment” under s 11(i) of the Charter. While the Supreme Court of Canada’s new test better reflects the goals of the guarantee, overall the case may have a problematic impact because of its treatment of s 1, which rests on an unclear standard […]
At first glance, the Supreme Court of British Columbia (“BCSC”) and British Columbia Court of Appeal (“BCCA”) decisions in R v DLW appear to focus only on uncovering the true meaning of the term “bestiality.” However, as you dig deeper, the principal issue of animal welfare begins to take on a prominent role in these […]
The sanctity of the jury process must be maintained, said the Ontario Court of Appeal in a January decision. As well, an accused should not be deprived of the common law right to be tried by twelve people unless there are serious reasons for discharging jurors. In R v Kum, 2015 ONCA 36, the appellant […]
In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]
In the wake of two recent Supreme Court of Canada (SCC) decisions, the partial defence of provocation has been narrowed. The SCC grappled with the legal interpretation of particularly ‘sympathetic’ moral circumstances underlying murder charges on appeal in R v Cairney, 2013 SCC 55 (Cairney), and R v Pappas, 2013 SCC 56 (Pappas). While the […]
Trial Decision Bedford v Canada, 2010 ONSC 4264, was a constitutional challenge to several Criminal Code provisions prohibiting operation of brothels, criminalizing persons who live on the avails of prostitution, and prohibiting public communication for the purpose of engaging in prostitution [s. 210, 212(1)(j) and 213(1)(c) of the Criminal Code, RSC 1985, c C-46]. Himel J. found that the impugned […]