Author's Note: This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers. Introduction Myths and stereotypes about consent, women’s sexuality, and sexual assault are very much alive and well within criminal proceedings. In an attempt to mitigate the ill effects of these stereotypes, Parliament has enacted […]
On October 13th, The Supreme Court of Canada (SCC) heard arguments (and subsequently made a decision) in R v Bourgeois, 2017 SCC 49 [Bourgeois], an as of right appeal dealing with the circumstances in which it is justified for an appellate court to intervene and declare a trial decision an unreasonable verdict pursuant to section […]
The Supreme Court of Canada (“SCC”) recently heard the Crown appeal of R v Borowiec, 2015 ABCA 232 (“R v MB”). The case is significant given the possibility for a change in the law of infanticide in Canada, as the Crown has argued for the need for greater clarity of what constitutes a ‘disturbed mind’ […]