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Criminal Law

The following types of resources are available in this area:

Resources - Area of law

Aboriginal Criminal Law Mock Sentencing Scenario: R. v. Brown

This Aboriginal sentencing scenario focuses on an Aboriginal youth who has already spent time in a youth detention centre for previous crimes. He has now been convicted of assault. A sentencing hearing ensues during which a victim impact statement is read. The scenario is followed by 8 discussion questions which can easily be used for class discussion or assigned as homework to an academically focused group. The scenario can be used in a mock sentencing hearing or mock sentencing conference/circle or both. 

Aboriginal Criminal Law Mock Sentencing Scenario: R. v. James

In this aboriginal sentencing scenario, James, an aboriginal youth, pleads guilty to the charge of carrying a concealed weapon. The scenario can be used in a mock sentencing hearing or mock sentencing conference/circle or both. The scenario includes several questions dealing with the factors to be taken into consideration during sentencing. These questions may be more appropriate for an academic focused class and could be assigned as homework.
 

Children's Rights Count

Exploring Domestic and International Mechanisms for Protecting and Advancing Children's Right Globally

Constitutional Law Mock Appeal Scenario: J. Bigbucks v. Canada (Attorney General)

This resource, originally from the OJEN Fall 2007 Charter Challenge, deals with an application by Mr. J. Bigbucks to have several sections of the Federal Elections Financing Act declared to be unconstitutional. Mr. Bigbucks alleges that the contribution and spending limits imposed by that legislation infringe his rights under ss. 2(b) and 7 of the Canadian Charter of Rights and Freedoms. This resource includes the trial level decision, which provides the basis for the appeal as well as a factum template. 

Constitutional Law Mock Appeal Scenario: R. v. Antonio Provolone

This resource, originally from the OJEN Fall 2009 Charter Challenge, deals with access to legal counsel. Mr. Antonio Provolone does not have legal counsel to proceed to trial on a number of criminal charges, including robbery. His original lawyer withdrew from his case due to illness, and Mr. Provolone has been unable to find a lawyer who will accept a legal aid certificate.

Constitutional Law Mock Appeal Scenario: R. v. Genevieve Polyandry

This resource, originally from the OJEN Spring 2008 Charter Challenge, deals with a woman, Genevieve Polyandry, who is charged with bigamy after she wed two men in a Pluralian faith ceremony. Ms. Polyandry challenged the law on the grounds that it violated her freedom of religion, freedom of association and right to life, liberty and security of the person under ss. 2(a), 2(d) and 7 of the Canadian Charter of Rights and Freedoms. This resource includes the trial level decision, which provides the basis for the appeal, as well as a factum template.

Constitutional Law Mock Appeal Scenario: R. v. J. Intolerant

This resource, originally from OJEN’s 2006 Charter Challenge, deals with hate speech and freedom of expression. Mr. Joseph Intolerant sent a derogatory e-mail about a group of new immigrants to his friend, a member of a white supremacist group, who subsequently posted the e-mail on the group’s website. The e-mail was viewed by the RCMP anti-hate crime unit and Mr. Intolerant was charged with wilfully promoting hatred against an identifiable group, contrary to s. 319(2)(a) of the Criminal Code of Canada. Mr.

Constitutional Law Mock Appeal Scenario: R. v. J.F.

This resource, originally from the OJEN Spring 2007 Charter Challenge, deals with search and seizure issues under the Canadian Charter of Rights and Freedoms. A school principal has permitted police officers to search students' lockers for drugs, which results in one student, J.F., being charged with drug possession. J.F. brings an application challenging the school's policy to allow random police searches as violating his right to life, liberty and security of the person and his right to be free from unreasonable search and seizure unders ss.

Constitutional Law Mock Appeal Scenario: R. v. Khan

This resource, originally from the OJEN Spring 2011 Charter Challenge, deals with the extraterritorial application of the Canadian Charter of Rights and Freedoms. Mr. Raheem Khan was questioned by the Afghan Border Police under the direction of RCMP officers who were interested in obtaining information relating to an ongoing case against Mr. Khan’s father and brother in Canada. Mr.

Constitutional Law Mock Appeal Scenario: R. v. Peltier

This resource, originally from the OJEN Fall 2011 Charter Challenge, deals with mandatory minimum sentences for drug possession. Mr. Daniel Peltier plead guilty to a single count of trafficking a controlled substance and was subject to a minimum prison sentence under the Controlled Drugs and Substances Act. Mr. Peltier brought an application challenging the mandatory minimum sentence on the grounds that the law violated his right to be free from cruel and unusual punishment and his equality rights under ss.

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