In December of 2016, the 17-year-old complainant was a troubled young woman who wrestled with anxiety, alcohol and thoughts of suicide. On December 28, 2016, the complainant went with the respondents (“TF”, “AE” and a young person who is protected by the YCJA) to a residence and engaged in sexual activity. During the course of […]
By: Andrew Jensen – Windsor Law 23 R v G.F. 2021 Supreme Court of Canada In this case, two teenagers (“F” and “B”) were charged with sexually assaulting a 16-year-old female during a camping trip. The issue at trial was whether the female, who had consumed alcohol, had consented to the sexual activities that were […]
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What are your Section 8 rights? By: Andrew Jensen – Windsor Law 23 Section 8 of the Charter of Rights and Freedoms provides everyone in Canada the protection against unreasonable search and seizure. This right provides Canadians with their primary source of constitutionally enforced privacy rights and protects citizens against unjustified intrusions upon their privacy […]
Read More… from When Do Wiretaps Turn Into a Section 8 Violation?
On May 29, 2020, the Supreme Court of Canada (SCC) released its much-anticipated decision dealing with the law of entrapment in the cases of R v Ahmad and R v Williams heard together last fall. The majority ruling provides some clarity over how the entrapment framework is to be applied in a police drug investigation. […]
Read More… from Reasonable Suspicion Required: The SCC’s Approach to Entrapment in R v Ahmad
If you have been charged, we recommend consulting with a lawyer immediately. Most Canadians understand the serious harm that drinking and driving has on our society. We all know the dangers associated with getting behind the wheel drunk or with too much alcohol in our system. We know it’s dangerous, not just to ourselves, but […]
On May 31, 2019, the Supreme Court of Canada handed down an important Charter decision: R. v. Le, 2019 SCC 34. In a 3-2 split decision, the majority of the Court allowed Mr. Le’s appeal and excluded the evidence upon which he was convicted, pursuant to section 24(2) of the Charter. The basis of the […]
In its recent decision in R. v. Barton, 2019 SCC 33, the Supreme Court of Canada heard the appeal of Bradley Barton, an individual who was charged with the first-degree murder of Cindy Gladue. Ms. Gladue, an Indigenous sex worker, died from blood loss due to an 11cm wound in her vaginal wall. The jury […]
Read More… from R. v. Barton: Business as Usual for Section 276 (Canada’s Rape-Shield Law)
On June 1, 2018, the Supreme Court of Canada handed down a highly anticipated decision: Groia v Law Society of Upper Canada, 2018 SCC 27. Joe Groia, a commercial litigator practicing in Toronto, was appealing a finding of professional misconduct by the Law Society of Upper Canada. While defending a client on charges of […]
Read More… from Civility vs. Advocacy – Case Comment on Groia v. LSUC (SCC)
Updated: 2022 Few Canadians would be surprised to find out that being charged with impaired driving is not only serious but can carry severe consequences. Despite this, impaired driving offences are one of the most common offences to be charged in the Criminal Code. Further, individuals who have been convicted of impaired driving can also […]
We live in a great time for international travel. With ever-increasing economic accommodation alternatives ranging from Airbnb to daily seat sales on flights, it has never been so easy to travel. Traveling can be an exciting and life-changing adventure. This article only deals with Canadian law. The point being, before you travel, research the local […]