telephone: 604.488.1513
email:   |  telephone: 604.488.1513

Blog

Keep up to date with Emmet
Duncan's recent cases and news

  Home » Blog

One of the enduring criticisms of the Parliamentary system (as opposed to, for instance, the republican system in the United States) is that it lends itself to successive terms of one-party rule. The one party in question may change between cycles, but as long as a general election produces a majority party in Parliament, that […]

READ MORE →

In recent posts, we have examined some of this government’s tough-on-crime agenda. Over the past several years, this government has enacted important reforms to the criminal law which strengthen sentences for drug trafficking, gun possession and use, terrorism financing and the consequences of failing to win bail. Success for the government has been mixed. For […]

READ MORE →

Imagine the same 7-Eleven store, in the same city, on the same night, having the same chocolate bar (let’s say a Snickers) shoplifted by two different individuals within hours of one another. Call the first thief Johnny Vancouver, and call the second thief Johnny Alberta. Suppose that both Johnnies – Vancouver and Alberta – are […]

READ MORE →

In a pair of decisions originating in British Columbia, the Supreme Court of Canada has handed down two important decisions affecting the rights of prisoners in Canada. In the first case, Attorney General of Canada v. Whaling, the Court considered whether the government’s retroactive abolishment of what many called “early parole” was fair to inmates […]

READ MORE →

In the last blog post, we examined the case of Joseph Lloyd, a small-time dealer of cocaine, methamphetamine and heroin in the downtown eastside who was able to persuade the Court that the recent changes to the Controlled Drugs and Substances Act, which provide for mandatory minimum jail sentences for certain drug offenders (including, in […]

READ MORE →

As part of its ongoing effort to “toughen” the criminal law in Canada, and in a nod to the American experience, the Canadian government under the Prime Minister has been stiffening the penalties for a whole range of criminal offences.  The most prominent of those are the mandatory minimum sentences for certain drug trafficking offences, […]

READ MORE →