How are delays in court processes due to COVID-19 considered when assessing the Jordan time limits for the right to be tried within a reasonable time? In March 2020, the World Health Organization (WHO) declared COVID-19 a pandemic. Since then, the pandemic has affected the functioning of many … [Read more...]
Alberta’s Critical Infrastructure Defence Act: How is it working?
In force since June 17, 2020, the law is meant to protect essential infrastructure from trespassers, damage or interference of any kind. No one can read or watch the news right now without some mention of the blockade in Coutts, Alberta, or protests in Ottawa, apparently related to the “Freedom … [Read more...]
Absolute and Conditional Discharges in Canada
Absolute and conditional discharges are types of sentences in Canada's criminal justice system. Want to learn more? What is a discharge? A discharge is a legal sentence in Canada set out in section 730(1) of Canada’s Criminal Code. Both absolute and conditional discharges are a finding of guilt … [Read more...]
Police Cannot Stop You in Your Driveway For Motor Vehicle Related Offences … Sort Of
How the Ontario Court of Appeal's recent decision affects driveway stops by police. A lot of accused individuals call lawyers, outraged, saying they were driving perfectly yet a cop pulled them over. But what many do not know until a lawyer breaks the news to them is this: the Ontario Highway … [Read more...]
Contact in Sports: Acceptable or criminal assault?
By voluntarily taking part in an activity, individuals implicitly consent to interactions with others that would otherwise be criminal assaults. A visitor to Earth would probably notice something odd about some of our favourite pastimes. Societies around the world consider some behaviour – of one … [Read more...]
Criminal Sentencing of Aboriginal Offenders: Ipeelee
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...]
Criminal Sentencing of Aboriginal Offenders: Gladue
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. On September 16, 1995, Jamie … [Read more...]
The State is in Your Home: Courts punish poor parenting
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 … [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...]
