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.Perhaps the least understood part of our criminal justice system is the … [Read more...]
How Inmates in Canadian Prisons Suffer
These are the tip-of-the-iceberg issues faced by inmates in Canada’s federal and provincial prisons. And according to advocates for better inmate treatment, much more needs to be done.According to Statistics Canada, in 2017/2018, Canadian prisons held just under 39,000 adults:Investigations by … [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 phoneIn 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 Justice … [Read more...]
There is no Monopoly Man and COVID-19 is Not a Get out of Jail Free Card
Why the public needs to relax their fear of violent criminals being needlessly freedAmidst the COVID-19 pandemic, there has been public query and fear (and at times outrage) over whether or not the COVID-19 pandemic allows violent criminals to roam free on our streets. Salacious and tantalizing … [Read more...]
Will the COVID-19 Crisis Keep Us Modern?
How this global pandemic has changed things for the better in our criminal justice system The world is experiencing a pandemic that has been unprecedented in most of our lifetimes. While all of us have been affected individually, the criminal justice system has not been exempt from the … [Read more...]
The Constitutional Right to Marijuana in Canada: R v Parker
If a rule of criminal law precludes a person from obtaining appropriate medical treatment when his or her life or health is in danger, then the state has intervened and this intervention constitutes a violation of that man's or that woman's security of the person ... R v Parker, [2000] OJ No 2787 … [Read more...]
COVID-19: Human rights implications for Canadians held in remand, prisons and jails
We find ourselves in unprecedented times. As we scramble to “socially distance” and address the economic consequences of the global pandemic, inmates in Canadian institutions are particularly vulnerable to adverse effects by virtue of the conditions where they are held. On March 30, 2020, the … [Read more...]
