case law Archives - LawNow Magazine

BenchPress 39-5: Private Use Doesn’t Apply

Two Edmonton men were acquitted of offences of making and possessing child pornography because the trial judge accepted that the material, involving two runaway teenage girls, was made for the men’s private use. The Supreme Court of Canada ordered new trials for the men, ruling that s. 153 of the Criminal Code, which makes sexual […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the Acting Editor and Legal Writer for LawNow Magazine at the Centre for Public Legal Education Alberta. www.cplea.ca
 

Bench Press 39-5: Duress as a Defence to Murder

For the first time in Canada, an appeal court has upheld the use of duress as a defence to a charge of murder even though the Criminal Code explicitly rules it out.  The Ontario Court of Appeal outlined the factors necessary to support both a statutory and common law defence of duress, for people who […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the Acting Editor and Legal Writer for LawNow Magazine at the Centre for Public Legal Education Alberta. www.cplea.ca
 

Bench Press 39-5: Red-faced about the Red Chamber?

Aniz Alani, a Vancouver lawyer, has launched a legal action to force Prime Minister Harper to appoint new senators to fill the vacancies in the Red Chamber. The lawyer considers illegal Mr. Harper’s position that he will not advise the Governor General to fill existing vacancies in the Senate. The federal government opposed the application, […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the Acting Editor and Legal Writer for LawNow Magazine at the Centre for Public Legal Education Alberta. www.cplea.ca
 

BenchPress 39-5: A Jury of Your Peers?

An Ontario Aboriginal man has had his conviction for manslaughter re-instated by the Supreme Court of Canada.  Clifford Kokopenace was originally convicted in 2008.  However, the Ontario Court of Appeal overturned his conviction because the jury at his trial did not have any Aboriginal members. It ruled that this omission violated his Charter guarantee to […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the Acting Editor and Legal Writer for LawNow Magazine at the Centre for Public Legal Education Alberta. www.cplea.ca
 

Whatever Happened To…U.S. v. Burns: Extradition and the Death Penalty

The Death Penalty Around the World About 140 countries have permanently abolished the death penalty.  Some 50 countries have it on the books but don’t use it; 36 countries continue to use the death penalty, and 22 of these carried out executions in 2013. Japan and the United States are the only two industrial democracies […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Preet Saini
Preet Saini is a law student at the University of Calgary (2014).
 


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