Photo by Caroline Martins from Pixabay How a society responds to and deals with its members who break or fail to follow its most basic rules is often rooted in its history and cultural values. Canada’s background is intimately tied to British traditions and practices in light of our history as a colony from the […]
About Charles Davison
The Emergencies Act
When I agreed to write about the Emergencies Act, I had no idea that I would end up doing so at a time when the federal government was actually considering resorting to this never-before-used legislation. But with the arrival and spread of COVID-19 in Canada, this Act is an option the government has considered. While […]
Criminal Acts in Children’s Stories
Many years ago I defended a young man on a charge of “criminal harassment”. This was shortly after the federal government added this crime to our Criminal Code. The offence involves repeatedly following or communicating with another person when you know that the other person does not want to hear from you or for you […]
CRIMINAL | The Right to be Tried Without Undue Delay
20/20: Looking back over the last 20 years Since the turn of the century, there are many – too numerous to count – “important cases” in the field of criminal law. Some have dealt with procedure, some with the substantive law, and some with enhancing and protecting the basic rights of Canadians. However, as shall […]
Other Official Languages in Canada
Canada is known around the world as an officially bilingual country. Federally, French and English share equal status as the “official languages.” The same is true in some of the provinces and territories. What is perhaps not known as widely (in southern Canada, at least) is that there are other official languages in two territories: […]
Evolution of our Freedom of Expression
We tend to take for granted that in Canada we are generally free to express, and to publish or broadcast, our views and opinions about almost any subject imaginable. However, it was not always this way. In early times, those who espoused views which were not in keeping with the majority, or with the powerful, […]
The Legislative Process: How We Make Our Laws
Except when something particularly noteworthy occurs – such as the implementation of a radical new law or the defeat of a government over legislation it is trying to get passed – many Canadians are not aware of the details of our legislative process. In this article, I will sketch out an overview of the process […]
Jury Trials: Cost, Controversy and Secret Powers
In the first part of this discussion about juries,I explained some basic points: why we have jury trials and how we decide who should be on a jury. Now, I will discuss some of the more controversial aspects to juries, and will focus on three areas: the costs of (including delays associated with) jury trials […]
Why do We Have Jury Trials?
Juries. To some, it may seem bizarre that 12 laypersons, untrained in the law, would be asked – required – to come into a courtroom and listen to the recounting of events about which they know nothing, involving people with whom they have no familiarity, and then make a decision about whether someone has committed […]
Understanding Diversity in the Current Context of the Law and Legal Profession
Canada is a country which represents the very meaning of “diversity”. From beginnings which involved mainly three generalized groups (aboriginals, French and English) we have evolved to become one of the most diverse societies on the planet. Now, in virtually every community in the country, from the middle of downtown Toronto and Montreal, to the […]
