Question
1) On May 13, 2022 the Supreme Court of Canada released its decision in the cases of R. v. Brown, R. v. Chan and R.
1) On May 13, 2022 the Supreme Court of Canada released its decision in the cases of R. v. Brown, R. v. Chan and R. v. Sullivan. The case concerned s. 33.1 of the Criminal Code. Please answer the following questions about this case.
(2%) What is s. 33.1 about? i.e., What does it do or what does it seek to accomplish?
(2%) What was the legal issue in these three cases?
(2%) What decision did the Supreme Court of Canada make with respect to s. 33.1?
(2%) How did the Supreme Court's decision potentially affect sexual assault cases?
(2%) How did Parliament respond to this decision?)
2) Bill C-26,The Citizen's Arrest and Self-Defence Act, changed the law of self-defence in 2013. The new self-defence provision was analyzed by the Ontario Court of Appeal in 2020. Please name the case, which was discussed in class.
According to this decision, the defence of self defence has 3 components. Please indicate:
- what these three components are, with a brief explanation of each
- what section of the Criminal Code each component comes from, and
- with respect to each component, whether the test applied is subjective, objective, or something else
3) In order for a person to be found NCR, one issue is whether the accused was able to know that what he did was wrong. According to the caselaw, what does "knowing that it was wrong" mean? In answering this, be sure to explain whether "wrong" means "morally wrong" or "legally wrong", and to refer to at least one Supreme Court of Canada case and one case from the Ontario Court of Appeal.
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