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R v A.E. Case Commentary

R v A.E.: Does Surreptitious Videorecording of Sexual Activity Vitiate Consent – Should it?

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 […]

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Reasonable Suspicion Required: The SCC’s Approach to Entrapment in R v Ahmad

Reasonable Suspicion Required: The SCC’s Approach to Entrapment in R v Ahmad

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.  […]

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R. v. Le: questions left unanswered about the right to be free from unreasonable search and seizure

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 […]

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