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22 Mar 2023, 12:33 pm by Michael Oykhman
In establishing actus reus and mens rea, as established in precedent by the courts in R v Boulanger (2006) S.C.R. 49 at para. 58: the crown must prove that the public officer was an official/public officer, acting in connection with the duties of his or her office, breached the standard of responsibility or conduct demanded of him or her by the nature of the office, represented a serious and marked departure from the standards expected of an individual in the accused’s position of… [read post]
20 Mar 2023, 11:10 am by Michael Oykhman
R v Ewanchuk [1999] 1 S.C.R 330 (‘Ewanchuk’) is a seminal case on a sexual assault which provides the elements that the Crown has to prove, beyond a reasonable doubt, to secure a conviction of sexual assault. [read post]
21 Feb 2023, 11:18 pm by Jordan Bierkos
The Queen in Right of Canada, [1982] 2 S.C.R. 643, Doyle Construction Co. v. [read post]
8 Feb 2023, 3:59 am by Michael Erdle
, 2014 SCC 53, [2014] 2 S.C.R. 633, at paras. [read post]
1 Jan 2023, 4:00 am by Administrator
(D.), [1991] 1 S.C.R. 742, at p. 758. [read post]
7 Dec 2022, 4:00 am by Administrator
., 1999 CanLII 677 (SCC), [1999] 1 S.C.R. 619, at para. 30. [read post]
30 Nov 2022, 4:00 am by Administrator
Lifchus, 1997 CanLII 319 (SCC), [1997] 3 S.C.R. 320 at para. 36. [71] It must be remembered that a reasonable doubt is doubt that is not be based on sympathy or prejudice, rather, it must be grounded in reason and common sense that is logically connected to the evidence or the absence of evidence, and not conjecture or speculation. [read post]
23 Nov 2022, 4:00 am by Administrator
Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101, at para. 42). [read post]
16 Nov 2022, 4:00 am by Administrator
New Brunswick, 2008 SCC 9 (CanLII), [2008] 1 S.C.R. 190: that judicial review functions to maintain the rule of law while giving effect to legislative intent. [read post]
2 Nov 2022, 4:00 am by Administrator
Anthony-Cook, 2016 SCC 43, [2016] 2 S.C.R. 204, instructs judges not to depart from a joint submission unless the proposed sentence would bring the administration of justice into disrepute, or is otherwise contrary to the public interest. [read post]
26 Oct 2022, 4:00 am by Administrator
The King, 1949 CanLII 26 (SCC), [1949] S.C.R. 262 (at p. 267, citing Gach v. [read post]
20 Oct 2022, 4:00 am by Martin Kratz
., 2015 SCC 57, [2015] 3 S.C.R. 615 at para. [read post]
19 Oct 2022, 4:00 am by Administrator
Ferris, 1994 CanLII 31 (SCC), [1994] 3 S.C.R. 756. [read post]
5 Oct 2022, 4:00 am by Administrator
Stone, 1999 CanLII 688 (SCC), [1999] 2 S.C.R. 290, at para. 156). [read post]
14 Sep 2022, 4:00 am by Administrator
New Brunswick, 2008 SCC 9 (CanLII), [2008] 1 S.C.R. 190: that judicial review functions to maintain the rule of law while giving effect to legislative intent. [read post]
31 Aug 2022, 4:00 am by Administrator
., 1997 CanLII 332 (SCC), [1997] 3 S.C.R. 701 when it stated: The law should be mindful of the acute vulnerability of terminated employees and ensure their protection by encouraging proper conduct and preventing all injurious losses which might flow from acts of bad faith or unfair dealing on dismissal, both tangible and intangible. [read post]
15 Aug 2022, 11:40 am by Michael Oykhman
R v Ewanchuk [1999] 1 S.C.R 330 (‘Ewanchuk’) is a seminal case on a sexual assault which provides the elements that the Crown has to prove, beyond a reasonable doubt, to secure a conviction of sexual assault. [read post]
3 Aug 2022, 4:00 am by Administrator
Manninen, 1987 CanLII 67 (SCC), [1987] 1 S.C.R. 1233, at pp. 1242-43). [read post]