overbreadth
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Still Wrong, Just a Little Less So
The Québec Court of Appeal errs in thinking the Charter prevents the imposition of, in effect, life imprisonment without parole Continue reading
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Sentencing Judgment Found Inside a Chinese Fortune Cookie
The sentencing judgment in the Québec City mosque shooter’s case is badly flawed Continue reading
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More of the Same
Yet another “tough on crime” attempt to deny judges discretion about to be struck down Last week, the Alberta Court of Queen’s Bench issued yet another in a long series of constitutional reverses for the previous federal government’s “tough on crime” agenda, holding in R v Ndhlovu, 2016 ABQB 595 that legislative amendments that rendered the making of Continue reading
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Bullshit in Sentencing
An ostensibly minimalist, and an unsatisfactory, decision from the Supreme Court In R. v. Safarzadeh-Markhali, 2016 SCC 14, decided last month, the Supreme Court stuck down a provision of the Criminal Code that prevented sentencing judges from crediting more than the time the offender actually served in pre-trial detention against the sentence imposed when the offender had been Continue reading
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The Scope of Smuggling
On Friday, the Supreme Court issued a pair of decisions clarifying the scope of the provisions of the Immigration and Refugee Protection Act (IRPA, among friends) relative to “people smuggling” ― the transportation to or across international borders of consenting individuals who lack the authorization to cross the borders in question. In B010 v. Canada (Citizenship Continue reading
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Not too Broad
In a decision delivered this morning, the Supreme Court of Canada has upheld the constitutionality of subjecting the members of the Canadian armed forces to the military justice system for all almost offences against acts of Parliament. In R. v. Moriarity, 2015 SCC 55, it ruled that the provisions of the National Defence Act pursuant to which Continue reading
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Safety, First
Yesterday, the Ontario Court of Appeal issued an interesting decision in R. v. Michaud, 2015 ONCA 585, a test case challenging the constitutionality of regulations requiring trucks to be equipped with a speed limiter that prevents them going faster than 105 km/h. The Court found that the regulations infringed the truckers’ right to the security of Continue reading
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Smuggling Intentions
Last week the Supreme Court of British Columbia declared Canada’s prohibition on human smuggling, s. 117 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, [IRPA] unconstitutional because overbroad. S. 117 provides that, under pain of severe penalties, [n]o person shall knowingly organize, induce, aid or abet the coming into Canada of one Continue reading
Double Aspect 