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 2020Disclaimer: 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...]
Comparing Canada’s Corrections to Europe, the United States and Aboriginal Communities
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...]
New Resources at CPLEA
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 … [Read more...]
Understanding the Criminal Trial Process
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 … [Read more...]
