Since Canada became a country in 1867, Canadian law has evolved from that of a British colony to a sovereign state, including major developments like the Charter, the Criminal Code and the Divorce Act. EDITOR’S NOTE This article was first published in LawNow on May 5, 2017. It was reviewed … [Read more...]
Magna Carta Informs Our Criminal Law
The Magna Carta, signed in 1215, includes important legal concepts found today in our justice system, including the Rule of Law, jury trials, appointing qualified judges, evidence and access to justice. EDITOR'S NOTE This article was first published in LawNow on November 2, 2015. It was … [Read more...]
2022 Criminal Law in Review
Over the past year, important criminal law developments came from several changes Parliament made to Canada's Criminal Code. The law is always changing. So, it is challenging to list the most significant developments over the last 12 months. Others might have different choices, but what follows is … [Read more...]
A Brief History of Drug Criminalization in Canada
Canada's legal history of drugs has evolved since the late 1800s, coming almost full circle with current calls to decriminalize possession for personal use. As I write this short history of the criminalization of drugs in Canada, the federal and British Columbia governments have announced that in … [Read more...]
Contact in Sports: Acceptable or criminal assault?
By voluntarily taking part in an activity, individuals implicitly consent to interactions with others that would otherwise be criminal assaults. A visitor to Earth would probably notice something odd about some of our favourite pastimes. Societies around the world consider some behaviour – of one … [Read more...]
Royal Families Around the World
Around the world, monarchs hold different roles in government and more. Canadians live in a “constitutional monarchy”. So, we are somewhat familiar with how our system has evolved to the point where the Queen is mainly a figurehead at the top of our government. Over many centuries, the British, and … [Read more...]
Comparing Canada’s Corrections to Europe, the United States and Aboriginal Communities
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 1760’s up to the 20th … [Read more...]
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 … [Read more...]
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 … [Read more...]
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. … [Read more...]