section 12

December 3, 2020

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

Constitutional law, Criminal Law/Policy

Charter, cruel and unusual punishment, life without parole, overbreadth, section 12, section 7, sentencing
September 3, 2020

Throwing Away the Key

Thoughts on life imprisonment without parole, in New Zealand and in Canada Continue reading

Constitutional law, Criminal Law/Policy

Charter, cruel and unusual punishment, life without parole, New Zealand, section 12, sentencing, terrorism
August 28, 2020

Unusual Indeed

The trouble with a caustic, pseudo-originalist opinion of Wakeling JA Continue reading

Constitutional law, Criminal Law/Policy

Charter, comparative law, constitutional interpretation, originalism, section 12, tough on crime
August 27, 2020

Counter-Rebellion

Judges of the Alberta Court of Appeal question the Supreme Court’s jurisprudence on mandatory minimum sentences Continue reading

Constitutional law, Criminal Law/Policy

Charter, constitutional interpretation, construction, cruel and unusual punishment, mandatory minimum, section 12, tough on crime