Absolute and conditional discharges are types of sentences in Canada's criminal justice system. Want to learn more? What is a discharge? A discharge is a legal sentence in Canada set out in section 730(1) of Canada’s Criminal Code. Both absolute and conditional discharges are a finding of guilt … [Read more...]
Police Cannot Stop You in Your Driveway For Motor Vehicle Related Offences … Sort Of
How the Ontario Court of Appeal's recent decision affects driveway stops by police. A lot of accused individuals call lawyers, outraged, saying they were driving perfectly yet a cop pulled them over. But what many do not know until a lawyer breaks the news to them is this: the Ontario Highway … [Read more...]
Evidence That Rape Myths Still Prevalent in Court in 2021
Despite a social-conscious awakening, one trial proves archaic rape myths still exist. A much-needed push against old-think myths and stereotypes of sexual assault victims led to a revamp of the Criminal Code. The changes updated when and how prior sexual activity of a complainant can be used in … [Read more...]
The State is in Your Home: Courts punish poor parenting
In the middle of a pandemic, are our children really safe? Two Ontario courts recently punished poor parenting: the Ontario Superior Court in R v CO et al and the Ontario Court of Appeal in R v Lis. Both of these decisions were released during the pandemic and after the Crown had appealed the prior … [Read more...]
Comparing Canada’s Corrections to Europe, the United States and Aboriginal Communities
How a society responds to and deals with its members who break or fail to follow its most basic rules is often rooted in its history and cultural values. Canada’s background is intimately tied to British traditions and practices in light of our history as a colony from the 1760’s up to the 20th … [Read more...]
The Many Faces of ‘Corrections’: A call for universal reform
It is perhaps time (if not long overdue) to re-evaluate what we mean by justice and corrections. In my study of our court and prison methods, I found… a great wastage of human lives – a failure to reclaim and utilize them. E.N. Foss, 1914 Perhaps the least understood part of our criminal justice … [Read more...]
How Inmates in Canadian Prisons Suffer
Mental health crises for which there are few resourcesCOVID-19 lockdownsOveruse of solitary confinementA racialized justice system that criminalizes Indigenous Peoples and Black CanadiansA lack of preparation for re-entry into society These are the tip-of-the-iceberg issues faced by inmates in … [Read more...]
Transgender Inmates in Canada
How do federal, provincial and territorial laws or policies protect transgender inmates? Individuals may identify with a gender that goes along with their sex given at birth, they may identify with a gender that is different from their sex given at birth, or they may identify with a non-traditional … [Read more...]
The Role of Crown Prosecutors in our Criminal Justice System
Television shows such as Law and Order portray lawyers who prosecute crime as the heroes - fighting for justice and being the victim's voice in the court. In real life, these lawyers do play a critical role in the criminal justice system. However, shows that portray prosecutors as the defenders of … [Read more...]
Two Steps Forward, One Step Back?
One Ontario Court of Justice judge says accused cannot plead guilty by phone In R. v. Candelaria, 2020 ONCJ 194, Justice Downes ruled, amidst the adjustments the courts have had to make due to the COVID-19 pandemic, that an accused cannot plead guilty via telephone. This means, according to … [Read more...]
