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Offence of “Hit and Run” (10mins)

In Case Comments, Case Comments, Criminal Law, Legislative Reform, Mental Elements, Specific Offences by Peter SankoffLeave a Comment

In this video blog I explore a recent decision of the British Columbia Court of Appeal and its findings on section 252 – the “hit and run” section of the Criminal Code. This blog ultimately implores the federal government to reform the Code, as this section is just one of many suffering from some troublesome drafting. If you enjoyed this …

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Burden of Proving Mental Disorder (10mins)

In Burden of Proof, Case Comments, Charter of Rights & Freedoms, Core Principles, Criminal Law, Evidence Law, NCRMD by Peter SankoffLeave a Comment

In this video blog, I examine the British Columbia Supreme Court’s decision in R. v. Eligu, 2016 BCSC 1487, which addresses a constitutional challenge to section 16(4) of the Criminal Code, the clause that requires applicant’s to prove a mental disorder defence. This case revisits the Supreme Court’s 1990 decision of R. v. Chaulk. If you enjoyed this post, do …

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The Travis Vader Verdict (30mins)

In Case Comments, Case Comments, Charter of Rights & Freedoms, Criminal Law, Homicide, Mental Elements, Procedural Issues by Peter Sankoff1 Comment

Thirty Minutes! I promise not to go this long again, but there was a lot to say here, and a fair bit of legal complexity.  After Thomas J.’s stunning decision to convict Travis Vader using an unconstitutional section of the Criminal Code, most people are wondering, “what’s going to happen to the conviction?”  There are a lot of potential legal …

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Anita Krajnc Trial – Part 2: The Definition of Mischief (10mins)

In Activism, Animal Law, Case Comments, Criminal Law, Cruelty, Litigation, Physical Elements, Video Blogs by Peter SankoffLeave a Comment

In this video blog, which follows up on my lengthier analysis of the charges against activist Anita Krajnc, who gave water to a pig in transport, I assess whether the particularized charge against her – interfering with the enjoyment of the pig – can be established. If you enjoyed this post, do me a favour and share!TwitterFacebookGoogle+LinkedinTumblremail

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Anita Kranjc Trial: Mischief for Giving Pigs Water? (20mins)

In Activism, Animal Law, Case Comments, Case Comments, Criminal Law, Cruelty, Defences, Law Reform, Mental Elements, Physical Elements, Procedural Issues, Video Blogs by Peter SankoffLeave a Comment

The Anita Kranjc trial is underway, and it has already raised a host of good legal questions.  I explore them in this video blog.  What is she being charged with? What will the Crown need to prove? Does she have any possible defences? If you enjoyed this post, do me a favour and share!TwitterFacebookGoogle+LinkedinTumblremail

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R vs Alsager: Working Through Mens Rea Issues (15mins)

In Case Comments, Case Comments, Criminal Law, Mental Elements, My picks by Peter SankoffLeave a Comment

In this video blog, I examine the decision of the Saskatchewan Court of Appeal in R v Alsager, 2016 SKCA 91. The decision raises a number of interesting mens era issues (issues concerning the mental elements of offences) and is a useful judgment to show how confusing some of these can be to consider! If you enjoyed this post, do …

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JR: Myths, Stereotypes and Sexual Assault (20mins)

In Case Comments, Credibility, Criminal Law, Evidence Law, Sexual Assault by Peter SankoffLeave a Comment

In this video blog, I examine the recent decision of R v JR, 2016 ABQB 414, a decision that got considerable media coverage. The judgment of Topolniski J. overturns an acquittal from the Alberta Provincial Court, and in the process, explores key issues in the law of sexual assault, including how a complainant’s credibility should be assessed, what constitutes consent, …

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R vs DLW and the Crime of Bestiality (15mins)

In Animal Law, Case Comments, Case Comments, Cruelty, Litigation, Video Blogs by Peter Sankoff1 Comment

This video looks at the Supreme Court’s recent decision in R v DLW, released in June 2016, which defined the offence of bestiality. In the blog, I spend the first half addressed the Court’s interpretative approach to criminal law statutes.  In the second, I explain why I think the case is so positive for animal advocates. If you enjoyed this …

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Carter, The Assisted Dying Bill and Constitutional Remedies (15mins)

In Case Comments, Case Comments, Charter of Rights & Freedoms, Criminal Law by Peter SankoffLeave a Comment

In this video blog, I explain the impact of the Carter v Canada decision, which struck down the assisted suicide provision of the Criminal Code, but did so in an unusual way. The federal government is trying to enact legislation with an eye on June 6, when the SCC’s decision to “suspend” the declaration of invalidity expires.  What happens if …

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