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May 23, 2025 79 mins
Episode Description:

Karen and Alex discuss how Double Jeopardy laws are applied in Canada, and how they differ from those in the US. We review four different cases and how double jeopardy laws played a role in their outcomes.

Cases Discussed:

Richard Leonard Walker | Edmonton, 2013 Daniel Hodgson | Iqaluit, Nunavut, 2017 Colin Tweedie | Victoria County, NS, 2019 Guy Paul Morin | Queensville, Ontario, 1984

Sources:

IMDB: Double Jeopardy  https://www.imdb.com/title/tt0150377/plotsummary/

Wyman & Williamson | Criminal Defense Lawyers: Can I Be Tried Twice For The Same Crime In Canada?  https://albertalegal.ca/can-i-be-tried-twice-for-the-same-crime-in-canada/

USA Double Jeopardy Laws Wikipedia https://en.wikipedia.org/wiki/Double_Jeopardy_Clause

Overview of (American) Double Jeopardy Clauses https://constitution.congress.gov/browse/essay/amdt5-3-1/ALDE_00000858/

British Columbia Prosecution Service Crown Counsel Policy Manual, Policy: Appeals by Crown to the Court of Appeal and Supreme Court of Canada (Effective Date: March 1, 2018) https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/prosecution-service/crown-counsel-policy-manual/app-1.pdf

Appeals and Interventions in the Provinces and Territories  https://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p3/ch15.html

Where Can You Appeal Your Conviction? Kruse Law https://www.kruselaw.ca/library/when-can-you-appeal-a-conviction-kruse-law/

Canadian Encyclopedia: Guy Paul Morin  https://www.thecanadianencyclopedia.ca/en/article/guy-paul-morin-case

Nunavut Judge Made 'No Error of Law' in Murder Acquittal, Supreme Court of Canada Says. https://www.cbc.ca/news/canada/north/nunavut-judge-no-error-supreme-court-canada-1.7261726

Appeal Court Upholds Decision that Saw Accused Killer Acquitted. https://www.cbc.ca/news/canada/british-columbia/killer-trial-evidence-police-delay-1.7125935

A Judge Found an Edmonton Man Acted in Self-Defense When he Punched a Police Officer. Alberta's Top Court Just Overturned the Ruling https://edmontonjournal.com/news/crime/edmonton-police-officer-punched-mcdonalds-appeal

Appeal Court says Judge Who Acquitted N.S. Man in Hit-and-Run Death “Committed Errors of Law” https://www.cbc.ca/news/canada/nova-scotia/colin-hugh-tweedie-nova-scotia-court-of-appeal-decision-talia-forrest-1.6753357

Colin Tweedie Resentenced https://www.saltwire.com/atlantic-canada/colin-tweedie-sentenced-to-45-years-in-hit-and-run-death-of-talia-forrest-in-cape-breton-100982518

https://www.cbc.ca/news/canada/nova-scotia/colin-hugh-tweedie-nova-scotia-court-of-appeal-decision-talia-forrest-1.6753357

 

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