Category Archives: Criminal

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

R v LSM and the “Sanctity” of the Joint Submission

By: Lisa Silver PDF Version: R v LSM and the “Sanctity” of the Joint Submission Case Commented On: R v LSM, 2016 ABQB 112 In R v LSM, 2016 ABQB 112, Associate Chief Justice Rooke of the Court of Queen’s … Continue reading

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Reflections on Week One of the Ghomeshi Trial

By: Jennifer Koshan PDF Version: Reflections on Week One of the Ghomeshi Trial I posted on ABlawg last Monday on the legal consequences of choking in the sexual assault context, which I suggested would be a likely issue in the … Continue reading

Posted in Criminal, State Responses to Violence | 8 Comments