2. What is the difference between a'smar Aggravating Factors Several aggravating factors exist in the case of R v. Onalik, most of which stem from the actions of the offender, Daniel Onalik, both during and after the violent assault on the offender on the night of May 11th, 2022. Firstly, the offender in the case was his uncle, with whom Onalik had gotten into a fight while both men were under the influence of alcohol. Since the victim was his uncle, he would be a person in his life in a position of power and authority. Additionally, Onalik provided no degree of assistance after he had smashed his uncle’s head against the floor multiple times, telling police that “he got what he deserved.” Therefore, since the offender committed an offense …show more content…
Onalik, which would be section 718(c) of the Criminal Code of Canada, to remove offenders from their community. In the case of R. v. Onalik, the criminal action occurred in the small community of Hopedale, Newfoundland and Labrador, one of the many smaller communities and towns in the province that would be closely knit where everyone knows everyone. According to 2016-2017 Census data from Statistics Canada, the population of Hopedale was 574 (Government of Canada, 2017). Therefore, the chances of Daniel Onalik being able to show his face in his hometown without suffering backlash or abuse from community members would be slim to none. Yet, it is worth noting that the accused requested the Crown to hold the hearing in his hometown. Onalik wanted to have the sentencing heard in his home community because he wanted to have the voices of his community members included in the judicial proceedings. Likewise, the trial of Daniel Onalik shared similarities to the 2015 case of Dennis Oland, particularly the community aspect of the case. “[In] the Dennis Oland case, [the case] had a jury panel of more than 5,000 people [,] a group so large they had to assemble in a Saint John hockey rink, making it the largest jury array in Canadian history” (O’Regan & Reid, 2022, p.175). Therefore, because of the sizeable jury array, people from Oland’s home community of Rothsay, a town about 17 kilometers (about 10.56 mi) west of Saint John, were able to have their say in the case, as the jury decided that Oland was not guilty of killing his father, Richard
Among the many differing cases of wrongfully convicted Canadians, the case of Guy Paul Morin is very interesting. There were many issues that caused an innocent man from Queensville, Ontario to be convicted of the murder of Christine Jessop. We’re going to look at how the police failed to conduct a thorough investigation, how the court system failed, and how cases like this can be preventing in the future.
Evidently, Truscott received financial compensation for the ordeal and the suffering it brought to his life by being awarded $6.5 million from the Government. This led to the conclusion that in this case (like many others) the police were solely and unjustly targeting one person. I learned a great deal from this case about Canada’s previous laws. Prior to the case, I had known about the death penalty and that it was legal in Canada, but I did not know when it could be implemented.
The Canadian Charter of Rights and Freedoms was implemented 1982 has been essential in providing justice for all Canadian citizens. Countless amounts of cases have been decided to create the Charter that is well known in today’s society. Sharon Turpin and Latif Siddiqui were accused of first degree murder and according to the law, the trial was supposed to be tried by a judge and jury. The accused demanded a trial by judge alone because they believed that they were entitled to such a right. The R. v. Turpin case was a significant case that was tough to decide upon because there were many violations of different statutes such as the Canadian Charter of Rights and Freedoms, and the Criminal
There were three main issues behind the wrongful conviction of David Milgaard, each playing their own role in the ruling. Pre-existing views and perceptions of deviance placed Milgaard among the socially marginalized, making him an easy target for police and public allegations. The broadcast media had a huge impact on public awareness and police actions, presenting a problem with jury discrimination and witness testimony. Finally, and perhaps most inexcusably, misconduct on the part of the Canadian Criminal Justice System in both the investigation and prosecution of the case caused the trial to end in a guilty verdict. If any or all of these factors were more closely investigated or realized at the time, David Milgaard, may not have lost 23 years of his life and this senseless tragedy could have been prevented.
DeVoe, D., 2003-2004, ‘The mental health and the criminal justice conundrum: Solutions’, Capital University Law Review, 2003-2004, pp. 925-933.
David Milgaard’s story is one of the most striking and well know representation of wrongful conviction as it happened right here in Saskatoon. Even further than that his case has been called “one of the most famous examples of wrongful conviction in Canada” (CBC News, 2011). In January of 1970, 17-year-old ...
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-Customers: The company felt the importance of being customer-centric and innovate by adapting to customer
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