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...]
The Law of Sexual Assault in Canada
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 … [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...]
Magna Carta Informs Our Criminal Law
Magna Carta was signed in June 1215 in an effort to end an internal conflict between King John and a group of barons who were opposed to his conduct as sovereign. Much of the document (also known by its English name, “The Great Charter”) addresses the rights of the church and of businessmen and … [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...]
