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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
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 … [Read more...]
Understanding the Connections Between International Law and Canadian Criminal Law
Criminal law usually addresses only incidents and issues arising within our borders, between persons in Canada. However, especially in today’s global world, there are a number of ways in which Canada’s position internationally – including treaties and agreements made with other countries and … [Read more...]
“Ghosts” in the Criminal Code
One of the most highly publicized criminal trials in recent Alberta history ended in the fall of2016 with a degree of judicial embarrassment. Having broken new ground by allowing the live broadcasting of his decision in the case, the trial judge mistakenly found Travis Vader guilty of the … [Read more...]
Viewpoint 42-4: Understanding Parole: Paul Bernardo Eligible for Full Parole in February 2018
February 2018 marks 25 years since the arrest of Paul Bernardo for the rapes and murders of two young women in Ontario. Following one of the longest and most highly publicized criminal trials in Canadian history, he was convicted of two counts of first degree murder and given the automatic and … [Read more...]
The Youth Criminal Justice Act: An Overview
Young persons who commit crimes must be held accountable, but in Canada (as in most other western democracies), because of their age, we approach “youth crime” differently than how we approach crimes committed by adults. In keeping with international standards and scientific understanding, young … [Read more...]
