Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. R v Vader, 2016 ABQB 505

[687] The culpable homicide of Lyle and Marie McCann is either a murder or manslaughter: Criminal Code, s 222(4). A homicide is murder (Criminal Code, s 230) if Mr. Vader killed the McCanns:

1. during commission of a robbery (Criminal Code, s 343);

2. if Mr. Vader intended to cause bodily harm to the McCanns to facilitate the robbery or his flight after committing the offence; and

3. bodily harm was inflicted, and that bodily harm led to the McCanns death.

(Check for commentary on CanLII Connects)

2. R. v. Last, [2009] 3 SCR 146, 2009 SCC 45

[1] The Crown enjoys a large discretion in deciding to include more than one count in an indictment (s. 591(1) of the Criminal Code, R.S.C. 1985, c. C-46). On an application to sever a multi-count indictment, the overarching criteria are the interests of justice. This appeal raises the issue of whether a trial judge erred in dismissing an application to sever. In my view, he did.

(Check for commentary on CanLII Connects)

3. R. v. Mann, [2004] 3 SCR 59, 2004 SCC 52

1 This appeal presents fundamental issues on the right of individuals to walk the streets free from state interference, but in recognition of the necessary role of the police in criminal investigation. As such, this case offers another opportunity to consider the delicate balance that must be struck in adequately protecting individual liberties and properly recognizing legitimate police functions.

(Check for commentary on CanLII Connects)

The most-consulted French-language decision Distribution Jean Blanchard inc. c. Régie de gestion des matières résiduelles de Manicouagan, 2016 QCCS 4417

[29] En annulant l’appel d’offres sous prétexte que les documents comportaient des ambiguïtés, la Régie a commis une faute qui engage sa responsabilité pour la perte de gain subie par Blanchard sur ce contrat.

(Check for commentary on CanLII Connects)

* As of January 2014 we measure the total amount of time spent on the pages rather than simply the number of hits; as well, a case once mentioned won’t appear again for three months.

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