Primer: Vetrovec warnings and sexual assault complainants

by Matthew B. Day Can a trial judge provide a Vetrovec warning for a sexual assault complainant? A series of appellate-level decisions confirms that section 274 of the Criminal Code does not prohibit trial judges from commenting on the evidence of sexual assault complainants and that trial judges have the discretion to provide a Vetrovec-like […]
October 20, 2014

In the news: The Rule of Law?

by Michael A. Johnston We have a system of justice that purports to treat all people equally; Lady Justice is most often blind-folded, for that reason. However, even as an ideal, the concept of equality can have differing effects on differing people. A philosopher once quipped: "the law in its majestic equality forbids the rich as […]
October 14, 2014

Release: Michael A. Johnston publishes in For the Defence - "the Queen and Her Counsel"

Michael A. Johnston published his article "Should All the King’s Horses and All the King’s Men Put the Queen and Her Counsel Back Together Again" in the Criminal Lawyers' Association's magazine, For the Defence (at (2014) 35:3, 21): "In the Superior Court most of us wear wool robes in keeping with the wonderful tradition that if […]
July 28, 2014

Release: Michael A. Johnston publishes in the Criminal Law Quarterly - "Granting Power to the State"

Solomon Friedman and Michael A. Johnston's article "A Supreme Court that is Granting Power to the State, Not the Mann" has been published in the Criminal Law Quarterly (at 60 Crim. LQ 555 (2013-2014)): "... [R v Nedelcu and R v Aucoin] appear to revisit what was previously considered well settled law. Moreover, instead of providing clarity or further certainty in […]
June 16, 2014

Release: Michael A. Johnston publishes in Criminal Law Quarterly - "The Ghost in the Machine"

Michael A. Johnston's article "The Ghost in the Machine: Alcohol, a Car, a Risk, and R. v. Boudreault" has been published in the Criminal Law Quarterly (at 60 Crim LQ 414 (2013-2014)): "The Supreme Court's recent decision in R. v. Boudreault afforded the Court an opportunity to clarify the area of care and control, as set out […]
June 15, 2014

Release: Michael A. Johnston publishes in Criminal Law Quarterly - "Knockin' on Feeny's Door?"

Michael A. Johnston's article "Knockin' On Feeney's Door? A Case Comment on R. v. Cornell" has been published in the Criminal Law Quarterly (at 58:3/4 Crim LQ 379(212)): "This article comments on the Supreme Court's ruling in Cornell, and argues that the decision has not only lowered the standards required to employ a 'dynamic entry' when executing a search warrant, […]
December 15, 2012
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