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June 16, 2015

Individuals with Fetal Alcohol Spectrum Disorder (FASD) are involved in the criminal justice system at disproportionate rates. As set out in the Consensus Statement on Legal Issues of FASD, released by Alberta's Institute of Health Economics in 2013, FASD describes "a...

Recognizing that there is a general concern regarding articling in Canada, the problem seems to be particularly acute with respect to criminal law articles. Working at the law school with students interested in criminal law and recently having been students looking for...

The Increasing Offenders’ Accountability for Victims Act brought significant amendments to the “victim surcharge” under s. 737 of the Criminal Code. Judges are now required to impose a flat surcharge for each count. No longer do judges have the discretion to refrain fr...

When accused individuals with First Nations heritage are before the Court, seeking their release on bail, or being sentenced, the Court must take their Aboriginal background into account. The Judge is mandated by s. 718.2(e) of the Criminal Code, and the Supreme Court...

June 16, 2015

Under the Corrections and Conditional Release Act (CCRA), the Parole Board of Canada (PBC) is to assess whether granting an inmate parole presents an undue risk to society. Following no formal rules of evidence, the PBC must determine risk based on an assessment of the...

 
The problem of lost or destroyed evidence has long plagued the justice system. In ongoing cases before the courts, when important evidence is lost or destroyed, an accused can seek a remedy at trial or on appeal and must accept the outcome and move on.
 
However, in...

In R. v. Hart, the Supreme Court of Canada recognized the dangers of Mr. Big operations at least as it played out with respect to Mr. Hart. The decision was profound in that the Court deemed it necessary to fashion a new evidentiary rule to specifically address some of...

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