Procedure

Question 1

R. v. Boily

Answer 1

Discretionary prohibition orders (driving) under s. 320.24(4) only covers offences listed - not crim neg causing death or crim neg causing bodily harm.

Question 2

Bill C-5 / CSO changes

Answer 2

Made CSOs available for almost everything (unless man min of 2+ years)

If less than 2 years -> CSO available unless Attempt murder, torture, advocating genocide, terrorism, crim org by Indictment + 10 years.

Reaction to Sharma

Question 3

R. v. Sullivan (not defense)

Answer 3

HORIZONTAL STARE DECISIS

Trial courts should only depart from binding decisions of a horizontal court IF:

1. The rationale of an earlier decision has been undermined by subsequent appellate decisions;
2. The earlier decision was reached per incuriam (“through carelessness” or “by inadvertence”); or
3. The earlier decision was not fully considered, e.g. taken in exigent circumstances.

Question 4

R. v. Haevischer

Answer 4

The threshold for summary dismissal of applications is whether the application is manifestly frivolous.

frivolous -> weeds out those applications that will necessarily fail.
manifestly -> requires that the frivolous nature of the application be obvious.

Need both for summary dismissal.