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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 Sankoff

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

In Burden of Proof, Criminal Law, Defences, Evidence Law by Peter Sankoff

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 …