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 […]
In 2018, the Supreme Court of Canada [“SCC” or “the Court”] heard three appeals dealing with various aspects of impaired driving proceedings. The first two were both heard in February, and decisions were released in late October. In R v Awashish, 2018 SCC 45 [“Awashish”], the Court considered the common law remedy of certiorari and its availability against […]
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 […]
To set the stage for this post on R v Shafia 2016 ONCA 812 (presently on leave to appeal to the Supreme Court of Canada (SCC)), I turn to the prose of Justice Watt at the Ontario Court of Appeal (“ONCA”): Boaters who travel the Rideau Canal system between Colonel By Lake and Lake Ontario […]
Can government officials rely on their own officially induced errors? The answer is no and for good reason. This topic was recently addressed by the Supreme Court in the case R v Bédard, 2017 SCC 4. Delivering their short judgment from the bench, the Court unanimously agreed that it would seriously undermine the defence of […]
The Alberta Court of Appeal (“the Court”) in R v Sanaee, 2015 ABCA 224 provides guidance to trial courts in assessing the elements of the animal cruelty offences under the Criminal Code, RSC, 1985, c C-46, and interpreting them in light of the protection of animals and the way we see them in society. The […]