Reading Time: 3 minutes Yet Another Incident from the Ontario Court of Justice Raises Concerns About Those Presiding. A Justice of the Peace, presiding in Kenora, Ontario, decided that it was appropriate to make a racist remark, on the record, to an Aboriginal duty counsel in bail court this past August. Yes, you read that correctly. According to a […]
Reminder: Beyond A Reasonable Doubt is a Pillar of our Justice System
Reading Time: 4 minutes In the post-Ghomeshi trial hoopla, many seem to question the integrity of Canada’s criminal justice system. Hashtags, slogans, movements and even possibly legislation have been the ripple effects of an ever increasing angry public after Jian Ghomeshi was acquitted of his charges. Much to some of the public’s dismay, yet another acquittal has been handed […]
Do we need the Court of Appeal to Weigh in About the Importance of Internet Use in Modern Society?
Reading Time: 3 minutes Why R. v. Brar [2016] ONCA 724 is a waste of court time, money and resources Mr. Brar was a 35-year-old who was convicted of sexual assault, child luring and prostituting a person less than 18 years old and a breach of his bail conditions. He was first time offender. He was convicted of these […]
Whatchu doing with our Rights, Virgin Radio?
Reading Time: 3 minutes How a Toronto-based radio station makes light of the presumption of innocence, every week. One of the cornerstones of our justice system is the presumption of innocence. It’s a constitutionally protected right that is supposed to guarantee an individual all the blessings and grandeur of ‘innocent until proven guilty.’ In reality, that’s rarely the perspective […]
Oh, S***! Court of Appeal Rules on One Man’s Bowel Movements and Charter Rights
Reading Time: 4 minutes In R. v Poirier [2016] ONCA 582 the Ontario Court of Appeal excluded the drugs excreted from Mr. Poirier’s rectum because of the manner of the police investigation that led to its discovery. Without that evidence, Mr. Poirier was acquitted of all charges. Mr. Poirier was arrested after five confidential informants advised police that Mr. […]
Lockdowns and Liberty : Why Lockdowns in Correctional Facilities are Violating Human Rights, and Costing Tax Payers
Reading Time: 4 minutes Most people have the same attitude when it comes to prisoners being incarcerated: lock em’ up and throw away the key. Most people base this opinion on the assumption that everyone in prison is guilty, which means that all prisoners are bad people and deserve to be punished. But the recent case of Ogiamien and […]
When Sexism Hits the Fan: How Female Defence Counsel Are Put on Trial Because of their Gender
Reading Time: 4 minutes Not one work day goes by where my gender, age and race don’t affect my job. If anyone questions how “real” the discrimination is for women in criminal law, specifically for women of colour, and especially for women of colour who are members of the defence bar, I invite you to accompany me to court, […]
Supreme Court: No Warrant to Swab Your Genitals? No Problem!
Reading Time: 3 minutes In a logically confusing and weakly justified ruling rendered on June 23, 2016, the majority of the justices of the Supreme Court of Canada in R. v. Saeed decided that upon arrest, without warrant or consent, when Mr. Saeed was commanded to drop his trousers and a cotton-tipped swab was wiped along the length of […]
The Production of Cell Tower Records Breaches Canadians’ Privacy Rights
Reading Time: 3 minutes Justice Sproat of the Ontario Superior Court of Justice in R. v. Rogers Communications Partnerships [2016] O.J. No. 151 has ruled that police cannot seek the production of cellphone records of thousands of Canadians in order to pursue investigations. This means that the personal information of Canadian cellphone users cannot be in the hands of […]
Missing the Mark: Why the Post-Ghomeshi Outrage Makes Little Sense
Reading Time: 4 minutes Almost everyone has an opinion about one of the most followed trials in Canadian history. The Jian Ghomeshi trial left a trail of furious people in its path like an F5 tornado that veered off course. Many of those who are angry about the Ghomeshi trial allege that there was an injustice— that the Ghomeshi […]
