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The Richard Suter Case: Should You Refuse a Lawful Breath Sample Demand? (15mins)

In Case Comments, Case Comments, Criminal Law, Sentencing, Specific Offences by Peter SankoffLeave a Comment

The Richard Suter case has been the subject of big news in Edmonton. Suter caused a terrible tragedy when he drove his Jeep through the window of a restaurant patio, killing a 2.5 year old boy. Suter was recently sentenced to the “light” sentence of four months in prison for unlawfully failing to provide a breath sample when he knew that …

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The James Forcillo Trial (20mins)

In Case Comments, Case Comments, Criminal Law, Defences, Homicide by Peter SankoffLeave a Comment

This VLog examines the Forcillo trial, where a Toronto police officer is charged with murder after shooting the victim on a Toronto street car. I examine the nature of the offence, and how it is driven by the definition of murder – even though this case differs a great deal from the “ordinary” murder case.  In particular, I consider whether …

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Duffy, Wright and the Parliament of Canada Act (10mins)

In Case Comments, Case Comments, Criminal Law, Other Offences, Procedural Issues by Peter SankoffLeave a Comment

As the Mike Duffy trial continues, there is continued speculation that the RCMP bungled matters by not charging Duffy or Nigel Wright under section 16 of the Parliament of Canada Act, which prohibits a Senator from receiving (and a person from giving) “any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the …

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Ghomeshi, Consent, Sexual Assault and Bodily Harm (15mins)

In Case Comments, Criminal Law, Physical Elements, Sexual Assault by Peter SankoffLeave a Comment

In this video blog, I address the question of how sexual assault can be committed between two “consenting” adults, where bodily harm is intended and caused by one of the parties. In short, the Blog suggests that the relationship between BH and consent is not as clear cut as many media reports have made it out to be. It is …

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Mike Duffy and the $90,000 Cheque – Part 3 (5mins)

In Case Comments, Case Comments, Criminal Law, Mental Elements by Peter Sankoff4 Comments

My examination of the charges against Mike Duffy relating to the infamous $90000 cheque provided by Nigel Wright continues. In today’s video blog, which is Part 3 of an ongoing examination, I focus upon the final charge: bribery, and the challenges the Crown is likely to have in proving that count of the indictment.  In addition, I address another “lurking” question: …

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Mike Duffy and the $90,000 Cheque – Part 1 (5mins)

In Case Comments, Case Comments, Criminal Law, Physical Elements by Peter Sankoff2 Comments

In today’s video blog, which I envisage as being Part 1 of 4, I’m taking a look at the charges against Mike Duffy relating to the infamous $90000 cheque provided by Nigel Wright.  This blog focuses on issues likely to arise when the Crown attempts to prove one of the three charges brought in relation to that cheque, specifically: s. …