On October 18, 2015, Flex Lawyer, Heather Cross presented her paper "Between a Rock and a Hard Place: The Retroactive versus Prospective Application of the 2013 Defence of the Person and Property Amendments" at the Montebello Criminal Law Conference hosted by the County of Carleton Law Association.
The paper examines three different approaches Ontario courts have taken to the issue, including the leading Ontario Court of Appeal case of R. v. Bengy that ruled that the amendments apply prospectively. The paper discusses some of the problems with Bengy and suggests that the issue of the retroactive versus prospective application of the amendments is ripe for appeal to the Supreme Court of Canada.
A copy of Heather's paper can be found here.
The paper examines three different approaches Ontario courts have taken to the issue, including the leading Ontario Court of Appeal case of R. v. Bengy that ruled that the amendments apply prospectively. The paper discusses some of the problems with Bengy and suggests that the issue of the retroactive versus prospective application of the amendments is ripe for appeal to the Supreme Court of Canada.
A copy of Heather's paper can be found here.
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