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...]
Medically Assisted Death Offers Options
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 … [Read more...]
Aboriginal Offenders
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 … [Read more...]
Technology Transforms Criminal Law
As with society in general, the practice of criminal law has changed significantly over recent decades as a result of the amazing growth and development of technologies which, until now, were only ideas and imaginings of science-fiction writers. The lawyer of 20 or 30 years ago would likely be … [Read more...]
Judicial Review is Different from Judicial Activism
Since the enactment of the Canadian Charter of Rights and Freedoms in 1982, there has been much discussion about the proper role of judges and courts in our democratic system. Commentators have noted, and many critics have complained, that decisions made and laws passed by our democratically elected … [Read more...]
Medical Care and Children: Law, Ethics and Emotions Collide
While I imagine that being a judge is never easy, some situations and cases present more difficult decisions than others. And I imagine that the most troubling rulings a judge must make are those which may be expected to lead directly to the death of another person. While Canada does not have the … [Read more...]
Solitary Confinement is a National Disgrace
I have been privileged to visit Fort McPherson, in the Northwest Territories, a number of times since 2011. It is a pleasant little Gwich’in community located on the banks of the Peele River southwest of Inuvik, within sight of the Richardson Mountains to the west. It is one of the few remote … [Read more...]
Recent Developments in Criminal Law
It will come as no surprise to anyone tuned into the current political situation in Canada that changes in our criminal laws over the last several years have been consistently in a single direction: that of creating more offences and imposing stiffer penalties. Relying upon its position that … [Read more...]
Criminal Defence Law in the North: Part Three
In my earlier two columns, I discussed substantive aspects of criminal law in the North (Part One). I briefly reviewed some aspects of the crimes we deal with in court, some of the underlying causes, and certain aspects of sentencing for those offences (Part Two). I want now to describe some … [Read more...]
Vulnerable Youth in Canada’s North
Any discussion of “vulnerable youth” must begin by defining the scope and meaning of that term. In this article, I include those persons under the age of 18 years who are particularly vulnerable to neglect, and/or harm of various sorts. Sometimes this is a result of poverty alone, and parental … [Read more...]
