Courts in Canada use the Oakes test to decide whether a government’s law, policy or action is justified even though it infringes on someone’s Charter rights. When an individual believes a government’s law, policy or action has infringed on their Charter rights, courts use the Oakes test to … [Read more...]
Magna Carta Informs Our Criminal Law
The Magna Carta, signed in 1215, includes important legal concepts found today in our justice system, including the Rule of Law, jury trials, appointing qualified judges, evidence and access to justice. EDITOR'S NOTE This article was first published in LawNow on November 2, 2015. It was … [Read more...]
Who Reveals their Poker Hand?
Sharing Evidence with Opposing Parties in Criminal Matters Evidence in a criminal matter is called disclosure. Criminal law has strict rules about who must provide whom with disclosure. Unlike in civil law, the rules are generally one-sided. The defence has no obligation to provide the Crown … [Read more...]
Children Witnesses in the Criminal Courts: Recognizing Competence and Assessing Credibility
The law and research in Canada have evolved to allow children to take the stand as witnesses in criminal court, though there is still work to do. EDITOR'S NOTE This article was first published on January 5th, 2018. It was verified for accuracy on December 13, 2024. Until the late 1980s, the … [Read more...]
Extradition in Canada: United States v Burns, then and now
In some situations, foreign nations can ask Canada to surrender an accused person to them to face criminal charges, as highlighted in the well-known case of United States v Burns. Extradition is the process through which a foreign nation can ask Canada to surrender an accused person to that … [Read more...]
Imposing Adult Sentences on Young Offenders
In some cases, Crown prosecutors can ask the court to sentence offenders under the age of 18 years like adults under Canada's Criminal Code rather than as youth. The legal system in Canada treats young offenders differently than adults. The Youth Criminal Justice Act (YCJA) regulates the … [Read more...]
Understanding Parole and its Restrictions: Why someone’s release shouldn’t necessarily alarm you
Parole is when an offender integrates back into society after serving their jail sentence, and includes an extensive review process and decision from the parole board. Media reports on crime often emphasize when an offender is eligible for parole and subsequently cover the results of the parole … [Read more...]
Coercive control bill should tackle familial elder abuse
Bill C-332 is a noble attempt to protect domestic abuse victims from escalating violence. However, the proposed law does not help seniors who are harmed by adult children and other relatives like grandchildren, once again banishing elder abuse to the hinterlands of the criminal justice … [Read more...]
Romance Scams: When it really is too good to be true
In an era where relationships often begin online, romance scams have emerged as an increasingly significant threat. In 2021 alone, victims of romance scams had lost over 50 million dollars (and this is just what was reported), according to the Canadian Anti-Fraud Centre. Hiding behind the … [Read more...]
Legal experts dispute the use of federal prisons for refugees
Although Canada has welcomed more than one million refugees since 1980, the challenging path to freedom in Canada continues to be difficult as some newcomers face time behind bars – despite being guilty of no crime at all. Recently, the federal government quietly announced plans to jail … [Read more...]
