Warning: The following post by necessity includes details about an allegation of sexual violence and offensive language. It may not be suitable for all audiences. Are rape myths and stereotypes still perpetuated by courts? What are the implications of this for survivors of sexual assault? Although the ONCA in R v Steele, 2021 ONCA […]
What happens to the accused when a jury is incorrectly advised, leading to the accused’s conviction? The Supreme Court of Canada (“SCC”) addresses this question in R v Riley, 2020 SCC 31 [Riley] by reaffirming the dissenting judge's reasons at the Nova Scotia Court of Appeal assessing the Vetrovec instruction and its significance within the […]
In the case of R v Khill, 2020 ONCA 151 [Khill], Mr. Khill was initially found not guilty of second-degree murder in 2018 for fatally shooting Mr. Styres, an Indigenous man, in 2016. However, the Crown appealed the verdict, and the Court of Appeal overturned the decision on the basis that the trial judge failed […]
As state actors, police officers “must respect the rights and freedoms” of the public that they serve, including when conducting criminal investigations that are in the public interest (R v Ahmad, 2020 SCC 11, para 1) [Ahmad]. As a result, police methods of investigation, while broad, are imposed with necessary constraints to ensure the public’s […]
Legislation against strategic lawsuits against public participation [“anti-SLAPP legislation”] is not a blanket legal apparatus. Parties cannot get claims against them dismissed simply because their expressions are in relation to matters of public interest. Lascaris v B’nai Brith Canada, 2019 ONCA 163 [Lascaris] is a case that explores this concept further. Factual Overview The […]
Should children’s rights to child support be protected by the courts even after the child has reached the age of majority? Should the payor parent be held liable for dishonest financial disclosure during child support proceedings after the child support order has already expired? In Michel v Graydon, 2020 SCC 24 [Michel], the SCC clarifies […]
Content warning: The following article contains content regarding sexual offences against a child that may be triggering for some readers. What elements should be considered when determining sentencing principles for sexual offences against children? Are there special factors that need to be considered for these morally reprehensible offences, or do offenders deserve more certainty […]
Does protecting an individual’s freedom of expression supersede protecting those harmed by it? Where does the public interest lie within this analysis? These are the questions that the Supreme Court of Canada (“SCC”) grappled with in the recent decision of Bent v Platnick, 2020 SCC 23 [Platnick], decided alongside 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes]. This […]