Category Archives: Criminal

Who Are the “Parents of the Nation”? Thoughts on the Stephan Case and Section 215 of the Criminal Code

By: Lisa Silver PDF Version: Who are the “Parents of the Nation”? Thoughts on the Stephan Case and Section 215 of the Criminal Code Matter commented on: Section 215 of the Criminal Code, RSC 1985, c C-46 Much has been written … Continue reading

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When Three Rights Make a Wrong?

By: Erin Sheley PDF Version: When Three Rights Make a Wrong? Case commented on: R v Oakes, 2016 ABCA 90 R v Oakes raised the specter always haunting the edges of criminal procedure: what happens when a procedurally fair trial turns … Continue reading

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When Should Judicial Discretion Trump Expert Testimony?

By: Erin Sheley PDF Version: When Should Judicial Discretion Trump Expert Testimony? Case Commented On: R v Clark, 2016 ABCA 72 (CanLII) In Regina v Clark the Alberta Court of Appeal reinforced the principle that trial courts should enjoy broad … Continue reading

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Mastery or Misogyny? The Ghomeshi Judgment and Sexual Assault Reform

By: Joshua Sealy-Harrington PDF Version: Mastery or Misogyny? The Ghomeshi Judgment and Sexual Assault Reform Case Commented On: R v Ghomeshi, 2016 ONCJ 155 On March 24, 2016, Justice Horkins of the Ontario Court of Justice acquitted Jian Ghomeshi of … Continue reading

Posted in Criminal, State Responses to Violence | 5 Comments

What Ought Crown Counsel to do in Prosecuting Sexual Assault Charges? Some Post-Ghomeshi Reflections

By: Alice Woolley PDF Version: What Ought Crown Counsel to do in Prosecuting Sexual Assault Charges? Some Post-Ghomeshi Reflections Case Commented On: R v Ghomeshi, 2016 ONCJ 155 The Ghomeshi trial made me think about the ethical duties of prosecutors … Continue reading

Posted in Criminal, Ethics and the Legal Profession, State Responses to Violence | 9 Comments