By voluntarily taking part in an activity, individuals implicitly consent to interactions with others that would otherwise be criminal assaults. A visitor to Earth would probably notice something odd about some of our favourite pastimes. Societies around the world consider some behaviour – of one … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Ipeelee
In Ipeelee, the Supreme Court of Canada again considered the Gladue Principles. Over a decade has passed since this Court issued its judgment in Gladue. As the statistics indicate, s. 718.2(e) of the Criminal Code has not had a discernible impact on the overrepresentation of Aboriginal people in … [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...]
Criminal Sentencing of Aboriginal Offenders: Gladue
In the Gladue case, the Supreme Court of Canada considered Aboriginal sentencing provisions in the Criminal Code. … the jail term for an aboriginal offender may in some circumstances be less than the term imposed on a non aboriginal offender for the same offence.R v Gladue, [1999] 1 SCR 688 (SCC) … [Read more...]
Social Media and Criminal Investigations: Public content and its role in solving crimes
Publicly available social media influences criminal investigations, with costs and benefits to both society and police services. Social media has introduced new ways of both committing and solving crimes into our increasingly digitized world. Services like Facebook, Twitter and Instagram create … [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...]
What You Didn’t Know was a Crime in Canada
Lesser known offences in the Canadian Criminal Code that are still on the books in 2020 Disclaimer: This article is not meant to be substituted for any legal advice. The Government of Canada recently gave the Criminal Code a legal face lift after conducting a detailed review to eliminate all the … [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...]
