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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 […]

R v Brassington: Privilege Cannot Pierce Privilege

On July 20th 2018, the Supreme Court of Canada unanimously held that “although solicitor-client privilege provides a near-impenetrable shield for communications with counsel, it is not a sword that can be wielded to pierce informer privilege.” In other words, privilege cannot pierce privilege. Confident and well-constructed, Justice Abella’s decision for the Court in R v […]

Online Copyright Infringement – “It Is What It Is”?

The internet is like the wild west of the modern age. The simile may be trite, but there is no denying that the internet continues to progress faster than the law can regulate, rapidly presenting novel challenges for the courts. In particular, since the appearance of controversial sites such as Napster in the late 1990s, […]