Canada’s self-defence laws, which were recently reformed to provide greater clarity for that defence, have stirred up new uncertainty. In R v Hodgson, 2022 NUCA 9, the Court of Appeal of Nunavut (“NUCA”) overturned an acquittal of a second degree murder charge stemming from an act of self-defence based on the multiple perceived legal errors […]
For many people, self-defence means a person was desperate, in a kill-or-be-killed situation, and makes a split-second choice to save their own life. After R. v. Khill, 2021 SCC 37 (“Khill”), we know that’s not quite right. An accused's role may be broad, made up of any conduct that shows whether they acted reasonably—not just […]
In December, the Supreme Court of Canada (“SCC” or “The Court”) granted the Crown leave to appeal the Ontario Court of Appeal’s (“ONCA”) ruling in R v Sullivan, 2020 ONCA 333 [Sullivan]. In this jointly-heard case, the ONCA ruled that s. 33.1 of the Criminal Code, RSC, 1985 c C-46 [the Code]—which prohibits self-induced intoxication […]
Author's Note: This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers. Introduction Myths and stereotypes about consent, women’s sexuality, and sexual assault are very much alive and well within criminal proceedings. In an attempt to mitigate the ill effects of these stereotypes, Parliament has enacted […]