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Criminal Review Criminal Review

CriminalReview.ca is an open forum for the public discussion of recent announcements and developments in the criminal law of Canada.

Post Frequency: 21.5/day

Last Entry: January 08, 2009 at 14:32:16

Recent Entries: 129

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R. v. Colson

Posted on January 15, 2008
As framed by the appellant, this appeal raises one issue only: what is the standard of proof to be applied in determining whether an accused has “voluntarily” provided a bodily sample for purposes of DNA testing? Is it proof on a balance of probabilities, employing Charter principles, as applied by the trial judge in the circumstances of this case? Or is it proof beyond a reasonable doubt, as required by the common law confessions rule, as the appellant contends it should be? Held: The standard is proof on a balance of probabilities (the so-called Wills test)...


R. v. Vanmerrebach

Posted on January 10, 2008
Ford Mustangs have a bad reputation. Mainly for stalling for no particular reason. But also because young people turn into idiots when they get behind the wheel. In this case before the Nova Scotia Supreme Court (pdf file) the accused was driving home in his “newly acquired” ‘Stang with a pair of friends when he lost control and sailed into a utility pole...


R. v. Burns

Posted on January 09, 2008
The Ontario Court of Appeal looks at the meaning of “threatening conduct,” in a case of criminal harrassment. Specifically, the harassment complained of fell under s. 264(d) of the Criminal Code. The Court took as their starting point the definition of threatening conduct given by the Yukon Territory Court of Appeal in George...


R. v. Wood

Posted on January 08, 2008
The CBC had a bit of fun with the story — see “Whitehorse man wins breathalyzer challenge, claiming too ‘cheap’ to be impaired” — but there is a point being made in this judgment (pdf file) from the Yukon Territorial Court...


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Two takes on child pornography

Posted on January 08, 2008
Writing in the Globe and Mail (January 5, 2008 — available to subscribers only or I’d give you the link), Christie Blatchford ponders why the punishments for child porn don’t fit the crime. As you can probably guess, she is all for tougher sentencing...


The beat goes on

Posted on January 07, 2008
As expected, British Columbia’s Attornery General Wally Oppal today announced that the Crown will be appealing Robert William Pickton’s second-degree murder convictions. Pickton (the CBC has a good backgrounder, and he even has his own Wikipedia page), is now 58 years old, and was convicted on six counts of second-degree murder and sentenced to life in prison with no eligibility for parole for 25 years (the maximum under the law)...


Speed demon

Posted on January 04, 2008
More funny criminal law news to start the year off with a smile. This time from the Toronto Star: An 85-year-old police say they clocked speeding at 161 km/h broke more than just the speed limit. He also became the oldest person to be charged under new street racing legislation, which came into effect Sept...


When is a law not a law?

Posted on January 03, 2008
When it’s not going to be enforced. As reported by the CBC: A new smoking law in Alberta bans smoking within five metres of a public building or workplace, but in some areas the rule forces smokers into the middle of a road. On Edmonton’s popular Whyte Avenue, the new law forces smokers to step over the curb into traffic in order to be five metres away from a building...


Where I’m blogging from

Posted on January 02, 2008
OK everybody, I’m back to give this blog thing a go for another year. Or at least until I collapse. I’ll try to update consistently, but I might not be doing as much commentary as in the past. We’ll see how it goes. Anyway, I thought I might kick 2008 off with a quick list of principles and random thoughts that might help you get an idea of where it is I’m coming from, or blogging from, in all of this...


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