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28 Feb 2024, 7:48 am by John Coyle
On February 20, 2024, the New York Court of Appeals handed down its opinion in Petróleos de Venezuela S.A. v. [read post]
27 Feb 2024, 5:50 am by Preston Lim
Under s. 5.4(1), a judge shall order that the property be forfeited to the Crown if they determine that the property in question is indeed the property described under a s. 4(1)(b) order and is owned, held, or controlled by the person in question. [read post]
21 Feb 2024, 1:56 pm by Patricia Hughes
INTRODUCTION The Supreme Court of Canada recently decided in Ontario (Attorney General) v. [read post]
21 Feb 2024, 9:00 am by William Banks
Background History and Legal Architecture for Domestic Use of the Military Experience with the British Crown caused the Framers to be wary of the establishment of a standing army. [read post]
11 Feb 2024, 4:01 am by Administrator
The Crown appeals to this Court as of right. [read post]
7 Feb 2024, 5:15 pm by Administrator
The arrest here was unlawful and, therefore, must form part of the s. 24(2) analysis. [57] Accordingly, we reject the Crown and interveners’ view that we should adopt the approach set out by the Court of Appeal for Ontario in R. v. [read post]
6 Jan 2024, 12:54 pm by Michael Oykhman
In R v Hault, the court examines directly what the necessary intent, or mens rea, is, under s. 101, stating that the court must find beyond a reasonable doubt that the individual accused was aware that they committed the act, whether intentionally, with knowledge, recklessly, or with wilful blindness. [read post]
6 Jan 2024, 12:16 pm by Michael Oykhman
In R v KDSA, 2009 NBPC 4, the Crown was required to prove that the explosive device was improvised, meaning a homemade device capable of exploding. [read post]