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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.

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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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Reversing the Burden of Proof in Summary Conviction Trials (10mins)

In Burden of Proof, Criminal Law, Defences, Evidence Law by Peter SankoffLeave a Comment

Talk about flying under the radar. Two days ago, the Supreme Court of Canada dismissed the case of R v Goleski from the bench. In the process, it confirmed that s. 794 imposes a burden of proof on the defendant to prove certain defences and excuses in EVERY summary conviction trial. This is not a good thing. To find out why, watch …