There has been a great deal of attention in the media lately about allegations of sexual assault and sexual harassment in the workplace. The current “#MeToo Movement” was thought to have started after public accusations of sexual misconduct by former American film producer Harvey Weinstein. The … [Read more...]
BenchPress – Vol 41-3
Intolerable Delay, 5 Years: Case 1 Barrett Jordan was charged with a criminal offence in 2008 and his trial ended with his conviction in 2013. He alleged that his Charter right to trial within a reasonable time had been breached and the Supreme Court of Canada agreed. It set out a new standard … [Read more...]
The Law of Sexual Assault in Canada
Perhaps no offence under our laws is as politically charged as sexual assault. And in no other offence situation are the gender lines as clearly drawn: while there are some exceptions, most sexual assault allegations are made by women who say they have been violated by men. Because of the infinite … [Read more...]
BenchPress – Vol 41-1
A Different Divorce A British Columbia Provincial Court judge has divorced himself from a couple who have long been bickering in his court over custody and access issues concering their young child. Judge Bruce Hyer ordered a very detailed and specific parenting plan to take the family … [Read more...]
Missing the Mark: Why the Post-Ghomeshi Outrage Makes Little Sense
Almost everyone has an opinion about one of the most followed trials in Canadian history. The Jian Ghomeshi trial left a trail of furious people in its path like an F5 tornado that veered off course. Many of those who are angry about the Ghomeshi trial allege that there was an injustice— that the … [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...]
