Reading Time: 5 minutes 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) at para 93 […]
CRIMINAL | The State is in Your Home: Courts punish poor parenting
Reading Time: 4 minutes 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 […]
What You Didn’t Know was a Crime in Canada
Reading Time: 4 minutes The Government of Canada recently gave the Criminal Code a legal face lift after conducting a detailed review to eliminate all the excess and outdated (err, weird) laws. But there still remains some interesting, unique and lesser known criminal offences.
Comparing Canada’s Corrections to Europe, the United States and Aboriginal Communities
Reading Time: 6 minutes 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 century. […]
The Many Faces of ‘Corrections’: A call for universal reform
Reading Time: 6 minutes 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 system […]
How Inmates in Canadian Prisons Suffer
Reading Time: 8 minutes Mental health crises for which there are few resources COVID-19 lockdowns Overuse of solitary confinement A racialized justice system that criminalizes Indigenous Peoples and Black Canadians A lack of preparation for re-entry into society 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 […]
Transgender Inmates in Canada
Reading Time: 6 minutes 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 notion of gender. “Transgender” characterizes those […]
New Resources at CPLEA
Reading Time: 2 minutes LawNow is pleased to announce the creation of a new Department, called New Resources at CPLEA, which will be a permanent addition to each issue. Each post will highlight new materials at CPLEA. All resources are free and available for download. We hope that this will raise awareness of the many resources that CPLEA produces […]
Understanding the Criminal Trial Process
Reading Time: 6 minutes Some 20 years ago, a sexual offender broke into a series of homes in downtown Vancouver. Several of the victims visually identified Ivan Henry as the perpetrator based on an in-person line up, a photographic line up or when he was sitting as the accused in court. Given the similarities between the cases, Henry was […]
Technology Transforms Criminal Law
Reading Time: 6 minutes As with society in general, the practice of criminal law has changed significantly over recent decades as a result of the amazing growth and development of technologies which, until now, were only ideas and imaginings of science-fiction writers. The lawyer of 20 or 30 years ago would likely be startled to see some of the […]
