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...]
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...]
BenchPress – Vol 41-5
Get Going Minister! Morteza Momenzadeh Tameh was a member of a resistance group with links to terrorist groups in Iran in the 1980s. He was imprisoned by the Iranian government from 1982 to 1987. After his release he fled to Canada and requested permanent residency in 1994, after being found … [Read more...]
Whatever Happened to … Scandalous Criminal Allegations: the Miazga Case
Introduction Miazga v. Kvello Estate is a tragic, yet fascinating, case which reminds us of the devastating power of criminal prosecution to ruin innocent lives and the near impossibility to hold Crown prosecutors legally accountable when that happens [(2009) 3 SCR 339, 2009 SCC 51 … [Read more...]
The Crime of Counseling Criminal Offences
… some may argue that the publication of Shakespeare’s Henry VI, with its famous phrase “let’s kill all the lawyers”, should be subject to state scrutiny! - R. v. Hamilton, 2005 SCC 47 Introduction A few years ago, a University of Calgary professor suggested on national television that someone … [Read more...]
Corporal Punishment and Domestic Violence: The Case for “Anti-Spanking” Legislation
Recall conversations among parents deliberating the joys and perils of raising children – does the following sound familiar? “I wouldn’t normally spank my kid, but if he crosses the road without looking, you bet I’m gonna make my point! That’ll be the last time he does that.” While spanking is … [Read more...]
Cyberbullying or Criminal Conduct?
Facebook, Instagram, Twitter, texting or similar means of communicating over the Internet have given new challenges to teachers, parents and most of all, youth. We tell youth to be cautious, to use their common sense, to not talk to strangers and to keep their personal information private. And yet … [Read more...]
