On July 22, 2022, the Supreme Court of Cananda released R v Lafrance, a decision that focused on an accused’s right to counsel. The decision was split 5-4. Justice Brown wrote for the majority, while Justices Côté and Rowe wrote for the minority.
Intent and motive focus on an individual’s mental state. Intent is concerned about an individual’s decision to carry out a specific action. Motive is concerned about the underlying reason for carrying out that action.
In Canada, to be found guilty of a criminal offence, the Crown must prove, among other things, that the accused committed the guilty act, and that the accused intended to commit the guilty act.
In Canada, to be found guilty of a criminal offence, the Crown must prove, among other things, that the accused committed the guilty act, and that the accused possessed a “guilty mind” when committing the guilty act
The Supreme Court of Canada has ruled against accused people in 34 sexual-assault cases in a row, stretching back more than four years, making it more difficult to overturn such convictions on appeal as the cases pour in during the Me Too era.
The Canadian jury selection system was amended in 2019 by the federal government when “peremptory challenges” were removed. When Bill C-75 was passed and removed peremptory challenges, the government changed the way that jury members were chosen for trials of accused people moving through the justice system in Canada.
Understanding your legal rights can make a brush with the law in Calgary less intimidating. It is especially important to know your Charter rights and private property rights so that you understand whether the actions of law enforcement are lawful or not.
The Supreme Court of Canada has modified the common-law test for the warrantless search permitted when the police are executing a lawful arrest inside a person’s home.
Sentencing must consider mental health issues, trauma, and the potential side effects of imprisonment, the Ontario Court of Appeal stated in a recent judgment.
In June 2021, Orleans Parish District Attorney Jason Williams took the unusual step of issuing an apology to Kaliegh Smith, who spent nearly 14 years behind bars for the fatal shooting of Jason Anderson—a crime Smith contends he did not commit.