Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries concern:
Civil Rights – Criminal Law
R. v. Rodgerson (J.) 2015 SCC 38
Summary: The accused was charged with first degree murder and convicted of the included offence of second degree murder. The trial judge imposed a sentence of life imprisonment without eligibility for parole for 14 years. The accused appealed his conviction and sentence. The Ontario Court of Appeal, MacPherson, J.A., dissenting, held that the trial judge misdirected the jury on the use it could make of the accused’s post-offence conduct and the error was fatal to the conviction. The court …
R. v. Sabados (J.M.) 2015 SKCA 74
Summary: The accused was convicted of, inter alia, breaching an undertaking by failing to supply a breath sample as demanded by a peace officer. He appealed the conviction. The Saskatchewan Court of Appeal allowed the appeal and entered an acquittal. The accused’s right to counsel (Charter, s. 10(b)) was violated and the evidence was, therefore, excluded under s. 24(2) of the Charter.