Post 3/9 in TheCourt.ca's Judicial Biography Series (Fall 2019). If we were to ask what it is we expect from our criminal justice system there are four thoughts that come to mind. … First, I want a justice system that delivers quality justice in a timely and efficient fashion. … Second, I want a justice […]
Online communication platforms give people the tools to engage in meaningful and productive ways. They have also given predators the opportunity to connect with children without supervision, and the ability to groom those children for the purpose of sexual abuse. Accordingly, Parliament has criminalized telecommunications with children for the purposes of facilitating sexualized discussions or […]
Introduction When an individual is placed on a Long Term Supervision Order (“LTSO”) as a result of a criminal proceeding, they are required to follow conditions set by the Parole Board. These can include residency conditions, such as requiring an individual stay in a community correctional centre, commonly referred to as a “halfway house”. Section […]
Today’s world is difficult for journalists and freedom of the press values. In the United States, President Donald Trump has described independent journalists as the “enemy of the state." Increasingly, we have seen perpetration of acts of violence directed towards journalists, such as the pipe bomb delivered to CNN headquarters in New York City and […]
Introduction Often, the Supreme Court of Canada ("SCC") issues reasons for their decisions without writing a lengthy judgment of its own. It is easy to overlook these cases as unimportant and inconsequential, as the SCC itself simply adopted the decision of a lower court. The recent case R v Culotta, 2019 SCC 33 [R v […]
Introduction When a breathalyzer is prepared for use by a police officer, it performs a series of internal and external diagnostic tests to ensure the accuracy of the results of the tests. After the breath samples are taken, the breathalyzer machine prints the results of the diagnostic tests, which are later provided to the accused […]
Myths about sexual assault complainants are back on trial. The Alberta Court of Appeal [“ABCA”] recently issued two decisions – R v Goldfinch, 2018 ABCA 240 [Goldfinch] and R v Barton, 2017 ABCA 216 [Barton] – that may change Canada's law of evidence regarding when complainants’ prior sexual history may be admitted in sexual assault […]
On June 29, 2018, the Supreme Court of Canada (the “Supreme Court”) delivered its ruling in R v Suter, 2018 SCC 34 [Suter], a case which, at its core, “raises critical questions about what can legitimately be considered as ‘relevant aggravating or mitigating circumstances relating to the offence or the offender’” (Factum of the Appellant, […]
Introduction In two recent decisions from the Supreme Court of Canada (“SCC” or "the Court"), R v Awashish, 2018 SCC 45 [“Awashish”] and R v Gubbins, 2018 SCC 44, the SCC addressed issues of criminal procedure in the context of impaired driving proceedings. In Awashish, the issue was whether remedies through certiorari are available for […]
In the 25 years since the introduction of the Canadian Charter of Rights and Freedoms [“Charter”], the Supreme Court of Canada (“SCC”) has become increasingly open to third-party intervenors, expanding their role within our justice system. However, new questions have arisen about the efficacy of such interventions as the Court opens its doors to more […]