Category Archives: State Responses to Violence

The Equality Effect: Recognizing 160 Girls on International Women’s Day

March 8 is International Women’s Day, and Calgary law firm Burnet, Duckworth & Palmer marked the occasion with a luncheon highlighting the work of the Equality Effect. The Equality Effect – or E2 – is an international network of human rights … Continue reading

Posted in Constitutional, Human Rights, State Responses to Violence | Leave a comment

State Responsibility for Protection against Domestic Violence: The Case of Jessica Lenahan (Gonzales)

PDF version: State Responsibility for Protection against Domestic Violence: The Case of Jessica Lenahan (Gonzales)  Case considered: Jessica Lenahan (Gonzales) et al v United States, Case 12.626, Report No. 80/11 (Inter-American Commission on Human Rights, August 17, 2011) On August … Continue reading

Posted in Human Rights, International Law, State Responses to Violence | 1 Comment

Consciousness and Consent in Sexual Assault Cases

PDF version: Consciousness and Consent in Sexual Assault Cases Case considered: R. v. J.A., 2011 SCC 28 Can a person consent in advance to sexual activity that occurs while she is unconscious? A majority of the Supreme Court of Canada … Continue reading

Posted in Criminal, State Responses to Violence, Supreme Court of Canada | 1 Comment

Interim Report on Violence Against Aboriginal Women Released

PDF version: Interim Report on Violence Against Aboriginal Women Released Report Commented on: House of Commons Standing Committee on the Status of Women Interim Report, Call Into The Night: An Overview of Violence Against Aboriginal Women Just before the House … Continue reading

Posted in Aboriginal, International Law, State Responses to Violence | Leave a comment

Protection Against Family Violence Act Amended

PDF version: Protection Against Family Violence Act Amended Legislation commented on: Bill 2, Protection Against Family Violence Amendment Act, 2011, S.A. 2011 c.4 Bill 2, the Protection Against Family Violence Amendment Act, 2011, makes several important changes to the Protection … Continue reading

Posted in State Responses to Violence | 5 Comments

Violence Against Aboriginal Women – Is Anyone Listening?

PDF version: Violence Against Aboriginal Women – Is Anyone Listening?  Commented upon: The House of Commons Standing Committee on the Status of Women, Study on Violence Against Aboriginal Women (Standing Order 108(2)) In March 2010, the House of Commons Standing … Continue reading

Posted in State Responses to Violence | 1 Comment

Domestic Violence and Provocation: The Door Remains Open

PDF version: Domestic Violence and Provocation: The Door Remains Open  Case Considered: R. v. Tran, 2010 SCC 58 The Supreme Court’s most recent decision, R. v. Tran, is an Alberta case I commented on at the Court of Appeal level. … Continue reading

Posted in Criminal, State Responses to Violence, Supreme Court of Canada | 1 Comment

Multiple Sexual Offence Proceedings and the Disclosure of “Records” under the Criminal Code

PDF version: Multiple Sexual Offence Proceedings and the Disclosure of “Records” under the Criminal Code Case considered: R. v. Leykin, 2010 ABQB 631 Ruslan Leykin was charged with a number of sexual offences relating to N.W, who is also the … Continue reading

Posted in Criminal, State Responses to Violence | Leave a comment

Sentencing for Spousal Sexual Violence: Different but Equal

PDF version: Sentencing for Spousal Sexual Violence: Different but Equal Cases considered: R. v. D.J.D., 2010 ABCA 207; R. v. D.J.D., 2009 ABPC 216 Until 1983, the definition of rape in Canada excluded offences committed by a husband against his … Continue reading

Posted in Criminal, State Responses to Violence | Leave a comment

Questions About the Role of Reasonableness and Mutual Restraining Orders in Family Violence Cases

PDF version: Questions About the Role of Reasonableness and Mutual Restraining Orders in Family Violence Cases  Cases considered: Petropoulos v. Petropoulos, 2010 ABQB 296; Andres v. Andres, 2009 ABQB 26 The Protection Against Family Violence Act, R.S.A. 2000, c. P-27 … Continue reading

Posted in Family, State Responses to Violence | 1 Comment