Redefining “child”? In Ivana Levkovic v. Her Majesty the Queen, the Supreme Court will have the opportunity to define or clarify what a “child” is. Although the Criminal Code of Canada has many provisions that criminalize acts against and involving children, it does not explicitly define who can be categorized as such, nor does it […]
Omar Khadr has been repatriated to Canada from the U.S. detention facility in Guantanamo Bay, Cuba. Khadr arrived at 7:40 AM EST, September 29, 2012, and will serve out the remainder of his sentence in Canada, pursuant to a plea bargain entered into between Khadr and U.S. prosecutors in 2010. In an official statement, the […]
I arrived at law school with a slightly naïve and romantic notion of justice. I was determined to learn how the law could be used to achieve social justice, empower individuals from marginalized groups and move us closer to a collective vision of the good. However, within a few weeks, I quickly learned that there […]
In the criminal justice system, where the rights and liberties of individuals are often at stake, sentencing is one of the most difficult tasks of a judge. It is the final step in a process that begins with the presumption of innocence of the accused, and ends with the jury being convinced of the accused’s […]
The Fall sitting of Parliament began last week and, if you’re like most Canadians, this is probably news to you. Indeed, the spectacle usually appeals only to serious politicos and the Parliamentary Press Gallery, who are gleefully privy to a renewed arsenal of talking points. This time around, however, things weren’t all smoke and mirrors—the […]
The ability of the Crown to address issues raised generally in previous cases enables the government to effectively fight organized crime. However, the accused is entitled to the application of issue estoppel where the contentious issue has already been resolved in their favour in a prior proceeding. In R v Punko, 2012 SCC 39, the […]
Professors Benjamin Berger and Sean Rehaag published an article in the Toronto Star entitled “Stop Vilifying Roma Refugees.” In this article, the authors criticize the use of ethnic stereotypes in the public rhetoric surrounding refugee and immigration policies: Talking about crime and immigration issues in terms of ethnic tendencies and cultural habits is more than […]