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Bill C-484: Significance ...

R. v. Sullivan 1) Under the pretences of the criminal code of Canada: Criminal negligence 219. (1) Everyone is criminally negligent who (a) in doing anything, or (b) in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons. Definition of […]

Enforcement and Applicati...

R. v. Oakes, [1986] 1 S.C.R. 103 1) Reverse onus: A stipulation within the Criminal Code of Canada that shifts the “burden of proof” onto the individual to disprove evidence against them and prove their innocence. Usually, this provision concerns a shift in burden onto a defendant in either a criminal offence or “tort” case. […]

R. v. Greyeyes

1) No, no where in the section defining what constitutes the offence of trafficking does it state the accused must be in direct possession of the illegal substance. 2) Aiding and Abetting – The guilt of a person in a criminal case may be proved without evidence that he personally did every act involved in […]

R. v. Parker

R. v. Parker 1) Section 7 of the Charter of guarantees “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” 2) The court declared the possession of marijuana for medical purposes to be unconstitutional because […]

Ban on driving distractio...

Increased reliance on cell phones has led to a rise in the number of people who use the devices while driving. There are two primary dangers associated with driving and cell phone use, including text messaging. First, drivers must take their eyes off the road while dialling. Second, people can become so absorbed in their […]