Criminal Law Paper Assignment: Case Analysis

Skate Park Drug Death

On the evening of August 7, 2019, tragedy struck when 14-year-old Langley teen Carson Crimeni was discovered in a state of severe medical distress at Walnut Grove Community Park. Carson's father, Aron Crimeni, and grandfather, Darrel, went out searching for him after he failed to return home by his agreed-upon curfew of 7:30 pm. Despite their efforts, Carson was found unresponsive and was pronounced dead upon arrival at the hospital. Shockingly, Carson's autopsy revealed no signs of injuries or underlying health issues.

Aron Crimeni expressed his disbelief, stating that Carson was "perfectly healthy" and that no cause of death was evident from the preliminary examination. However, a blood toxicology test was ordered to investigate the possibility of drug overdose. Aron speculated that Carson may have fallen victim to bullying, suggesting that "some bullies wanted to abuse him." Carson, who was diagnosed with ADHD, may have been targeted by his peers due to his condition.

Tragically, Carson's final moments were captured on video and shared on social media. The footage depicted Carson struggling while others laughed and encouraged him to ingest pills. Despite his obvious distress, bystanders continued to taunt and mock him. Carson was later found in a concrete ditch behind the Walnut Grove Community Park, just a few hundred feet from home.

Based on current knowledge of criminal law, it is advised that those involved in Carson's death should be charged under section 222(4) of the Criminal Code, which defines culpable homicide as murder, manslaughter, or infanticide. The individuals present pressured Carson to consume drugs, knowing the potential consequences, leading to his fatal overdose.

Vancouver criminal lawyer Kyla Lee suggested that those involved may also be liable for criminal negligence causing death. Despite witnessing Carson's deteriorating condition, they failed to seek medical or law enforcement assistance, violating section 4(1) of the Controlled Drugs and Substances Act, which defines a "medical emergency" in cases of life-threatening situations induced by psychoactive substances.

Section 224 of the Criminal Code further stipulates that individuals who cause death through their actions or omissions are liable, regardless of whether the death could have been prevented through proper means. Even if Carson had intended to take the drugs himself, those present are still responsible for his safety and well-being.

In conclusion, the actions of those involved constitute criminal negligence causing manslaughter. By failing to seek help for Carson, they directly contributed to his tragic death. It is imperative that justice is served for Carson and his grieving family.

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Teenage Boys Charged with Manslaughter

Two teenage boys have been charged with manslaughter in connection with the 31st homicide of the year in Winnipeg, involving victim Neilson Catcheway. According to CBC, as cited in Malaviya & Lafreniere (2019), the 40-year-old man was robbed and beaten before falling from a train overpass onto Main Street. Additionally, he was struck by a passing vehicle after falling from the overpass. Catcheway was pronounced dead upon arrival despite efforts by police and paramedics. Currently, the investigation is in its early stages, with police diligently working to solve the case and potentially identify the driver involved. Constable Rob Carver stated, "We're making some progress ourselves in terms of identifying the driver without them coming forward [but] it would just be simpler if they came forward now" (Malaviya & Lafreniere, 2019).

In criminal law, what matters is what can be proven in a court of law, not necessarily the truth. There is no evidence indicating that Neilson Catcheway was pushed off the train overpass. Therefore, charging the young teenage boys with manslaughter may have been a mistake. Instead, they could potentially be charged with robbery under s. 343(b) of the Criminal Code, which defines robbery as stealing from a person and using violence against them in the process.

The driver who struck the victim when he fell onto Main Street may also face criminal charges, particularly for a hit and run offense. Section 269(b) of the Criminal Code states that causing bodily harm to a person unlawfully is punishable by law. Moreover, the driver could be charged under s. 320.16(1) for failing to stop and provide assistance after being involved in an accident with a person. The failure to render aid after the accident resulted in further bodily harm to the victim and demonstrates a disregard for legal responsibilities.

Edmonton Fringe Fest Skit Gone Wrong

The Fringe Festival offers a diverse array of shows featuring performers, guests, and a house band. During one late-night Cabaret performance, titled "naked nights," performer Michael Delamont unbuttoned an audience member's shirt without consent, sparking controversy. In accordance with s. 273.1 (1.1) of Part VIII of the Criminal Code, consent must be present at the time of sexual activity. However, amid the #MeToo movement, society is reevaluating the meaning and importance of consent. Samantha Jeffery, an Edmonton-based actor and intimacy coordinator, notes that while the concept of "no means no" has long been understood, the idea that only "yes means yes" is gaining prominence. She emphasizes that our understanding of consent is evolving.

Vikki Wiercinski, the wife of the audience member involved, stresses the need for consent training, even if consent was discussed before performances. She suggests that management should be equipped to handle such situations effectively. However, from a criminal law perspective, establishing sexual assault requires proof of both the actus reus and mens rea. While the victim's sexual integrity was violated, the absence of mens rea complicates the case.

In an interview, Michael Delamont expressed remorse for his actions, acknowledging the hurt caused by his skit. He admitted his oversight in recognizing that audience enthusiasm does not imply consent. This highlights the importance of understanding and respecting boundaries, even in comedic performances.

The incident underscores the need for comprehensive sexual assault education in schools. Mandatory information sessions on sexual abuse and consent, integrated into curricula such as health and physical education, can foster a culture of respect and awareness. Starting this education at a young age, from junior high to post-secondary, is crucial in shaping attitudes towards consent and personal boundaries. By prioritizing education and fostering a culture of respect, we can create safer environments for all individuals.

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Random Questions

I have come to be really invested in this class. I found that throughout the course, I have learned better through debates where I am able to look at certain cases and situations in different angles. Perhaps to make the course better, I suggest that there be more debates where people can express their perspective of the case whilst learning to generally communicate their thoughts and opinions through with their fellow classmates and professor.

References

  1. Malaviya, Rekha, Lafreniere, Mark. Skate Park Drug Death. Retrieved November 6, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/650167/View
  2. Malaviya, Rekha, Lafreniere, Mark. CBC News. Retrieved October 18, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/650168/View
  3. Kindleman, Tricia. Edmonton Fringe Fest Skit Gone Wrong. Retrieved August 22, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/650169/View
  4. Malaviya, Rekha, Lafreniere, Mark. Lecture 3, Actus Reus. Retrieved September 24, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/633979/View
  5. Henein, Marie. (2019). Martin's pocket criminal code. Thomson Reuters Canada.
  6. Verdun-Jones, S. N. (2019). Criminal law in Canada: cases, questions, and the code. Toronto: Nelson.

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