Jury selection errors can be remedied if certain requirements are met, the Supreme Court of Canada has found in restoring the convictions of two accused in a plot to attack a Via Rail train. The Crown’s appeal in R. v. Esseghaier was allowed on October 7, and reasons for judgment were delivered on Friday.
A recovering drug addict in New York is suing a Quebec drug dealer, nicknamed the King of Pot, for flooding the United States with over a billion dollars worth of marijuana, claiming it was his drugs that made her an addict.
Across Canada, there have been many decisions walking back or re-imagining the Supreme Court’s seminal test for credibility assessment in R v W(D). Specifically, since the Ontario Court of Appeal’s decision in JJRD, there has been much movement away from following the three-step process for assessing testimony in W(D).
Police obtained a search warrant under the Controlled Drug and Substances Act for the accused’s residence based on an Information to Obtain that relied on information from a Confidential Informant.
Cory Wilson recently had the mandatory minimum punishment of one-year imprisonment ruled grossly disproportionate for his very low-functioning client charged with child pornography offences. This successful result required the use of a highly-specialized expert called by defence to testify in trial as to the client’s cognitive functioning.
On December 1, 2020, the Alberta Provincial Government took a radical step by de-criminalizing impaired driving /DUIs in Alberta for first-time offenders. As a result, those caught drunk behind the wheel will not be criminally charged regardless of how intoxicated they are.
Richard DeLisi has been incarcerated since 1989 when, at the age of 40, he was convicted on charges of racketeering, trafficking in cannabis and conspiracy after agreeing to help smuggle more than 100 pounds of marijuana from Colombia into Florida. He received a 90-year prison sentence.
The Quebec Court of Appeal ruled on a pressing legal question plaguing the country – are multiple life sentences for killers who take more than one life, constitutional? In Canada, we don’t sentence offenders like is often seen in the United States. A review of American jurisprudence often shows offenders being sentenced to 200 or 300 years in jail. In Canada, a life sentence means the offender can apply for parole after 25 years on a first-degree murder charge.
In Wingert, a 19-year-old man was killed after violently being beaten to death. After two years and no leads, police investigations finally led to a primary suspect who was believed to have been the individual responsible for the young man’s death. In order to strengthen their case and attempt to elicit a confession, police began an operation known as “Mr. Big.”
In 1983, Phillip Tallio was accused of sexually assaulting and suffocating his 22-month old cousin. Despite a psychologist who spoke with Tallio at the time and found that he had the mental capacity of a 12-year-old, Tallio pled guilty to second-degree murder and has been incarcerated for 37 years.