Category Archives: State Responses to Violence

Alberta Government Considers Strategies to Address Bullying—Is Legislation the Answer?

By: Linda McKay-Panos

PDF Version: Alberta Government Considers Strategies to Address Bullying—Is Legislation the Answer?

Event commented on: Rocky Mountain Civil Liberties Association Discussion on Anti-bullying Legislation

On January 30, 2014, the Rocky Mountain Civil Liberties Association (RMCLA) hosted a panel discussion on anti-bullying legislation in Alberta. The panel members were Sandra Jansen, Calgary-North West MLA, and Associate Minister of Family and Community Safety; Peter Brown, current Mayor of Airdrie; and Derek From, a constitutional lawyer from the Canadian Constitution Foundation.

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Domestic Violence Cases: A Summer Snapshot

PDF Version: Domestic Violence Cases: A Summer Snapshot

Cases commented on: R v Hooker, 2013 ABQB 271; R v Bandesha, 2013 ABCA 255

There were a number of reported Alberta cases involving domestic violence this summer. The decisions collectively illustrate the broad range of issues that can arise in domestic violence cases – for example, constitutional, criminal and family law issues – some of which may now be heard by specialized domestic violence courts. They also show a range of sensitivities on the part of judges to the realities of domestic violence. In this post I will comment on two of the cases, both arising in the criminal context, and in a subsequent post I will comment on two cases arising in the family law context.

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Blurred Lines: The Need for Clear Criteria in the Sentencing of Sexual Assaults

PDF Version: Blurred Lines: The Need for Clear Criteria in the Sentencing of Sexual Assaults

Case commented on: R v Sam, 2013 ABCA 174

What is a “major sexual assault” for the purposes of applying sentencing guidelines in sexual assault cases? Its current definition is unclear. The Alberta Court of Appeal missed an opportunity to provide a concrete definition for major sexual assault in R v Sam, 2013 ABCA 174. This comment will begin by providing background on Sam, and describing how the Court of Appeal did not directly address the issue of major sexual assault in that case. Then, I will discuss how the Court of Appeal should clarify the relevance of violence and de facto consent to sexual assault at the stage of sentencing. Finally, I will argue that factors that are irrelevant to legal culpability for sexual assault may still be relevant at the stage of sentencing.

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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 advocates (including community members, artists, musicians, film makers, health care workers, journalists, lawyers, academics, students, judges and Parliamentarians), primarily from Canada, Ghana, Kenya and Malawi, who are working to improve the lives of women and girls using human rights law. Fiona Sampson, E2’s Executive Director, spoke at the luncheon about the 160 Girls Project, a legal initiative aimed at forcing Kenyan authorities to protect girls in Kenya from sexual violence. I am part of the vast volunteer legal team that is working on this project, which includes students from across the country, as well as lawyers and activists from the Equality Effect’s partner countries. Also attending the luncheon were U of C law students Gabrielle Motuz, Amanda Winters, and Meghan Tonner, all of whom have done volunteer research for the Equality Effect (along with many more student volunteers from U of C who could not attend or who have graduated).

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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 17, 2011, the Inter-American Commission on Human Rights (IACHR) released its merits report in the case of Jessica Lenahan (Gonzales) and the United States. The case concerns states’ positive obligations to use due diligence in responding to situations of domestic violence, and is the first such case involving the U.S. to be considered by the IACHR. In what many are calling a landmark decision, the IACHR found that the United States had breached several Articles of the American Declaration of the Rights and Duties of Man in relation to its obligations to Lenahan and her children. This post will summarize the IACHR decision and analyze the implications of the case in Canada, particularly in provinces such as Alberta which have civil domestic violence legislation.

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