Reading Time: 7 minutes 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 organizations – impacts Canadian criminal law. In this article, I will discuss: […]
“Ghosts” in the Criminal Code
Reading Time: 8 minutes One of the most highly publicized criminal trials in recent Alberta history ended in the fall of 2016 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 murders of Lyle and Marie McCann […]
Viewpoint 42-4: Understanding Parole: Paul Bernardo Eligible for Full Parole in February 2018
Reading Time: 5 minutes 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 mandatory sentence required by […]
The Youth Criminal Justice Act: An Overview
Reading Time: 7 minutes 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 persons – under the law, those between 12 and 18 years […]
What Do I Have to Tell the Police if They Stop Me?
Reading Time: 6 minutes In attempting to narrow the scope of this article, I have settled upon three questions which arise most frequently for many people who do not usually come into contact with the police. These questions involve the intersection of our rights as Canadian citizens to live our lives without intrusion or interference from state agencies and […]
Reasonable Doubt in Criminal Law
Reading Time: 7 minutes Canadian law recognizes different states of mind for decision-makers in various situations. Police officers and others engaged in an investigation are authorized to act where they have “reasonable grounds to believe” an offence has been committed and a particular person may be guilty. In some situations, the standard is even lower. For example, a police […]
The Evolution of Canadian Law
Reading Time: 8 minutes With the 150th anniversary of Confederation upon us, it is perhaps appropriate to reflect on the high points of 150 years of legal change in Canada. Such an exercise is always a challenge, of course, because what might be considered significant to some may be seen as minor or less important to others. In this […]
The Law of Sexual Assault in Canada
Reading Time: 11 minutes Perhaps no offence under our laws is as politically charged as sexual assault. And in no other offence situation are the gender lines as clearly drawn: while there are some exceptions, most sexual assault allegations are made by women who say they have been violated by men. Because of the infinite variations of factors which […]
Medically Assisted Death Offers Options
Reading Time: 7 minutes In 2015 the Supreme Court of Canada issued a decision in the case of a B.C. woman who wanted the right to be able to determine the timing and circumstances of her own death; what was termed at the time “doctor-assisted suicide”, and what has now become referred to as medical assistance in dying or […]
Aboriginal Offenders
Reading Time: 7 minutes Much has been written about the alarmingly high numbers of aboriginal Canadians who spend time in our jails and penitentiaries. Hundreds of thousands of pages of texts, court decisions, reports and inquiries have been published about why so many indigenous Canadians end up in custody, and what happens to them once they are there. In […]
