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Criminal Law
The bail process has long been a discussion of reform within the Canadian criminal justice system. The discretionary nature of bail decisions offers opportunities to explore the systemic barriers in the pre-trial process and their broader connection to disparities throughout the criminal justice system.
Occasionally, criminal law and estate law intersect. That intersection was particularly shocking in the high-profile cases of Helmuth Buxbaum and Peter Demeter. Both were convicted of arranging the murder of their wives and both tried to collect on life insurance policies in their respective wife's name.
The PM's behaviour has provoked concern and anger from MPs and Canadians all over the country. What are the potential legal consequences of the PM's shoving and manhandling? Well, threatening, hitting, kicking, punching, harassing and shoving another person are all offences punishable under the Criminal Code of Canada.
No one will ever know whether Ghomeshi would have been convicted had his accusers been more honest and candid. All we can say is that the Crown's case would have been far stronger. Knowing that they will be judged in light of such "rape myths," it may seem sensible -- even obvious -- to a great many complainants that certain pieces of information should be managed so that they conform to the stereotype.
Closing arguments have been made in the Jian Ghomeshi trial. The case, everyone agrees, turns on the credibility of the three complainants. How will the trial judge decide whether he accepts their testimony?
The criminal trial is concerned with determining whether a trier of fact (either a judge or jury) can be satisfied beyond a reasonable doubt of an accused's guilt as charged. The beyond a reasonable doubt standard is intended to avoid wrongful convictions and is related to the fundamental tenet of the criminal justice system: the presumption of innocence. The defence is required to do nothing. It is not required to call any evidence whatsoever. The burden remains on the Crown to prove guilt beyond a reasonable doubt. However, a prudent defence lawyer would do all that was within his/her power raise a reasonable doubt.
On several occasions, police and prosecutors have used the child pornography provisions in the Criminal Code to address incidents of teen "sexting." The fact that these offences can 'catch' this kind of conduct has led some commentators to argue that there is no compelling reason to enact the proposed offence of "non-consensual distribution of intimate images." I disagree.
Rob Anders, a Conservative Member of Parliament in Calgary, has announced that he will introduce a private members' bill seeking to reintroduce the crime of "rape." The proposal has met with some enthusiasm in some circles. That is not surprising. Well before the language of "rape" was excised from the Criminal Code, in 1983, the idea of collapsing all forms of non-consensual sexual touching into an all-encompassing offence of "sexual assault" was deeply controversial. One of the concerns raised is that, by restoring "rape" to the Criminal Code, other forms of sexual assault will be perceived as less significant.
Social Media has evolved into an invaluable tool for law enforcement professionals to track crime. Furthermore, nowadays, there is story after story being written about criminals that do stupid things online to get busted, and they have only themselves to blame.
Senator Brazeau's arrest and jailing dominated the news this week. However, thousands of Canadians who have been through even the most minor domestic violence incident know that criminal law is applied with no mercy and no balance, well before anyone gets their day in court. While Senator Brazeau is the man in the spotlight, thousands of other Canadian men and women accused of a range of domestic violence have suffered the same punishments and the same obstacles to reconciliation while waiting for criminal courts to make decisions.
