sexual assault
R v Beaudry: Is Canada’s Military Justice System Unconstitutional?
Later this month the Supreme Court of Canada (“SCC”) will hear a case that will determine “the future of the military justice system in Canada” (Chief Justice Bell in R v Beaudry, 2018 CMAC 4, para 73 [Beaudry]). The case is the federal Crown’s constitutional appeal of the Court Martial Appeal Court’s (“CMAC”) decision in […]
Sexual Assault Myths Back on Trial in R v Goldfinch
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 […]
R v Barton: Do “Rape Shield” Laws Apply in First Degree Murder Cases?
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 […]
Risky Business: R v George & Reckoning with Age of Consent Laws
In 2011 in Saskatchewan, the complainant C.D. was 14 years old, although according to the evidentiary record he looked older (R v George, 2017 SCC 38 at para 10 [“SCC”]). He engaged in intimate activity with George, a 35-year-old female acquaintance. C.D. never complained to the authorities about the sexual encounter; rather, it came onto […]
Against Unfounding: Sexual Assault Investigation & A Proposed Class Action Against Police
This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in gender-based discrimination contrary to Charter section 15 for relying on stereotypes about gender and sexual assault complainants while investigating her case, resulting in her claim […]
Doctors and Discipline: Deference to the Penalty Decision in College of Physicians and Surgeons of Ontario v Peirovy
On January 17, 2017, the Divisional Court at the Ontario Superior Court of Justice ruled on College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136 [Peirovy], creating questions about the degree of deference courts should afford to disciplinary committees in self-governing professions. Peirovy has since been granted to leave to the Ontario […]
Battle on a New Front: Sexual Assault and the Canadian Military
In the coming months, the Canadian military will be forced to fight on a wholly new front: the home front. In late November, a notice of action was filed against the Canadian military on behalf of past members of the military. Although details of the specific allegations will not be released until later in their […]