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...]
“Ghosts” in the Criminal Code
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 … [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...]
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...]
What Do I Have to Tell the Police if They Stop Me?
Three questions often come up around stopping for, speaking with and providing a breath sample to police. 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 … [Read more...]
Reasonable Doubt in Criminal Law
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 … [Read more...]
The Evolution of Canadian Law
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 … [Read more...]
