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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
When Prosecution Met Defence: The Michael Bryant Case
Facts of the Case At 9:47 p.m. on Aug. 31, 2009, former Ontario attorney general and CEO of Invest Toronto Michael Bryant, driving home after dinner with his wife, had a violent encounter with a younger man on a bicycle, Darcy “Allan” Sheppard. Sheppard was drunk, and at a traffic light on Bloor … [Read more...]
Essential Services and the Right to Strike
On January 30, 2015, the Supreme Court of Canada decided Saskatchewan Federation of Labour v Saskatchewan (“SFL”). In a 5-2 decision, the Court determined that the Public Service Essential Services Act (“PSESA”), in restricting certain public sector workers’ rights to strike, violated freedom of … [Read more...]
Bench Press 39-4: Consent is a Matter of Life and Death
The British Columbia Court of Appeal recently ruled on a case involving an Alzheimer’s patient and her ability to give consent. It looked at a number of questions that will be raised as Canadians come to grips with the recent Carter decision of the Supreme Court of Canada (Carter v. Canada (Attorney … [Read more...]
Bench Press 39-4: The Charter Protects Proms
Two graduating high school students in Ontario launched a Charter challenge to their school principal’s decision to have a mandatory breathalyser test at their prom. They argued that the mandatory test was a violation of their s. 8 Charter right to be free of unreasonable search and seizure. Justice … [Read more...]
Bench Press 39-4: A Will Against Public Policy
Law students are taught in Wills and Estates law that a Will can be set aside as being against public policy, but rarely does this possibility become a reality. However, in January, 2015 a Superior Court Justice in Ontario set aside the Will of Emanual Spence for exactly that reason. Rector Spence, … [Read more...]
