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Jury Instructions

R v Abdullahi: The (In)Flexibility of the Appellate Review of Jury Instructions

In R v Abdullahi, 2023 SCC 19 [Abdullahi], Canada’s highest court made a 6-1 ruling that an Ontario trial judge erred in law by insufficiently instructing the jury of the legal definition of “criminal organization” per s. 467.1(1) of the Criminal Code, RSC 1985, c C-46 [Code] or [Criminal Code]. This decision is important for […]

APPEAL WATCH: R v Pan, a legally messy murder 

The Supreme Court of Canada (“SCC”) has granted leave to appeal the long and complex case of R v Pan 2023 ONCA 362 [Pan]. At trial, four co-accused – Jennifer Pan (“Pan”), Daniel Chi-Kwong Wong (“Wong”), Lenford Crawford (“Crawford”), and David Mylvaganam (“Mylvaganam”) – were all convicted of first-degree murder and attempted murder in the […]

The Limiting Instruction Dilemma: The Tactics of the Defence in R v Calnen

A criminal law trial can be likened to a game of chess. A good chess player, like a good defence counsel, may make a move that initially does not appear to be in their best interest but ultimately can be relied upon to secure another chance. In R v Calnen, 2019 SCC 6 [Calnen] counsel for […]

R v Oland: Why Dennis Oland got a New Trial

The gruesome killing of Richard Oland—a wealthy businessman and a member of the family that owns the iconic Moosehead Brewery—sent shockwaves throughout the province of New Brunswick, not least given the fact that his son, Dennis Oland, was ultimately convicted of his murder. This controversial murder mystery recently took another interesting twist; on Monday, October […]