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 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 freed Amidst 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...]
Criminal Acts in Children’s Stories
Many years ago I defended a young man on a charge of “criminal harassment”. This was shortly after the federal government added this crime to our Criminal Code. The offence involves repeatedly following or communicating with another person when you know that the other person does not want to hear … [Read more...]
The Right to be Tried Without Undue Delay
20/20: Looking back over the last 20 years Since the turn of the century, there are many – too numerous to count – “important cases” in the field of criminal law. Some have dealt with procedure, some with the substantive law, and some with enhancing and protecting the basic rights of Canadians. … [Read more...]
Crime in Rural Alberta
Rural crime is a problem in Alberta. In the city, if you have a security alarm on your home, you can realistically expect it to be effective. In the country, who is going to hear the alarm? How long will it take for a police response? Before moving to an acreage, I (Dave) spent most of my life … [Read more...]
