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R v Lafrance and the Right to Counsel

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.

August 22nd, 2022|

Intent vs Motive: What’s the Difference?

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.

August 22nd, 2022|

Elements of the Offence: Actus Reus

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.

August 10th, 2022|

Elements of the offence: Mens Rea

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

July 22nd, 2022|

Peremptory Challenges: New Rules of Jury Selection in Criminal Trials

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.

June 2nd, 2022|

Prosecutoril Ethics Getting a Fresh Look

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.

February 9th, 2022|

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