Content Warning: This article includes depictions of sexual violence that may evoke strong emotions. Unique to criminal procedure in the common law system is the option to have a case tried before a jury. When an appellate court is tasked with reviewing a decision made by a jury, they must act with caution not to […]
Last Thursday, the Supreme Court released its rulings on R v Khela, 2009 SCC 4 [Khela], and R v Smith, 2009 SCC 5 [Smith], two companion cases involving allegations of first-degree murder. In both proceedings, the Crown’s case relied on the testimony of witnesses who had a motive to lie and who were therefore considered unsavoury. As […]
The Supreme Court of Canada ("SCC") recently released its decision in R v Daley, 2007 SCC 53 [Daley]. Though the majority and dissenting camps agreed upon the content of an appropriate jury instruction for the defence of intoxication, the two sides differed sharply when judging whether or not the trial judge delivered a fair and balanced […]