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Blog of the International Journal of Constitutional Law
Home Archive for category "Criminal Law"
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Pussy Riot: when “disproportionate” is inappropriate

Shortly after a Moscow court sentenced the three female rock musicians from Pussy Riot to two years in a penal colony for ‘hooliganism,’ the United States Embassy in Russia sent off the following disapproving tweet: “Today’s verdict in the Pussy Riot case looks disproportionate.” While any official criticism of this latest Muscovite miscarriage of justice

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American Miranda Rights in Canada

In a judgment that is certain to breed controversy, the Supreme Court of Canada ruled yesterday that the Charter of Rights and Freedoms “does not mandate the presence of defence counsel throughout a custodial interrogation” (R. v. Sinclair, 2010 SCC 35, para. 2). Already, the Court’s 5-4 judgment has attracted criticism from several corners of

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Published on October 9, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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Dueling Interpretations of American Law on the Canadian Supreme Court

Yesterday, the Canadian Supreme Court issued a 4-3 ruling in R. v. Morelli, a controversial case concerning whether a search warrant for a personal computer had been issued pursuant to defective information. The majority concluded that the authorities had obtained the search warrant on the basis of misleading, inaccurate, and incomplete information. The result was

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Published on March 20, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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Prelude to the End of Mandatory Minimums in Canada?

On Friday, the Supreme Court of Canada may have signaled the imminent demise of mandatory minimum sentences. In Nasogaluak, a unanimous Court expressed deep reservations about the current sentencing regime in Canada. Earlier, the Court of Appeal had declared that sentencing judges were bound by the statutorily prescribed mandatory minimum sentences, and therefore could not

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