Intoxication as a Defence

One of the first things you learn in criminal law is that the law should only punish conduct that is voluntary. In other words, something someone was trying to do. You also learn pretty early that each offence has an actus reus (the action) and mens rea (intent)...

Entrapment and drug offences

Entrapment is a widely used, but commonly misunderstood, term. The Supreme Court of Canada has recently affirmed the longstanding test for entrapment initially outlined in R. v. Mack in 1988 and given guidance on how that test applies to undercover operations...

Burden of Proof

The presumption of innocence is the golden thread running through the Canadian Criminal Justice System. It is a fundamental principle of justice. As such, it is critical in any trial in which an accused person testifies that the analysis of the evidence follows an...

Canadian’s views on sentencing

One of our recent blog posts addressed mandatory minimum sentences. Researching that post lead to the discovery of the National Justice Survey 2017: Issues in Canada’s Criminal Justice System. A review of the survey is certainly recommended but a few highlights are...

Mandatory Minimum Sentencing

A salacious headline caught my attention but the substance of the case ended up being much more noteworthy. In R. v. Koenig the Provincial Court found the mandatory minimum sentence for the offence of child luring unconstitutional resulting in the youthful accused...