The following post responds to Devon Kapoor’s earlier case comment, which can be found here. Mr. Kapoor’s insightful post discusses a central issue in R v Boutilier, 2017 SCC 64 [Boutilier]: whether indeterminate sentences, as outlined in section 753(4.1) of the Criminal Code RSC 1985, c C-46 [Code], are unconstitutional under section 12 of the […]
On December 21st, 2017, the Supreme Court released its decision in R v Boutilier, 2017 SCC 64 [Boutilier], which deals with a constitutional challenge to the dangerous offender scheme in the Criminal Code, RSC 1985, c C-46 [the Code]. This post will discuss the case and offer insight into its importance. In particular, the post […]
This month the British Columbia Court of Appeal (“BCCA”) handed down a decision in the case of an Aboriginal offender, David Jennings. The accused in R v Jennings, 2016 BCCA 127 had a violent criminal history involving repeated sexual offenses against children over the course of nearly 30 years. Central to the appeal was the […]
In R v Sipos, 2014 SCC 47 [Sipos], the Supreme Court of Canada ("SCC") unanimously concluded that the new evidence presented by James Peter Sipos to the Ontario Court of Appeal ("ONCA") did not place the appeal “in that exceptional category in which the evidence is sufficiently compelling that it demands appellate intervention” (Sipos, para […]