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 discretion in making evidentiary decisions. On the other side of the scale in this particular […]

Judicial Interventions and Rape Myths: Differing Approaches at the Alberta Court of Appeal

By: Jennifer Koshan PDF Version: Judicial Interventions and Rape Myths: Differing Approaches at the Alberta Court of Appeal Case Commented On: R v Schmaltz, 2015 ABCA 4 A decision from the Alberta Court of Appeal has garnered attention from the media (see here and here) for its contribution to recent debates about rape culture and […]