The Important Role of the Trial Judge - Mackenie Cardinal
One of the most important aspects of a trial is witness testimony. The entire trial system in Canada is based upon an “oral tradition”, meaning that most of the evidence that is heard at trial comes as a result of witness testimony. When evidence is adduced at trial, the trier of fact must decide what evidence will be given weight. In other words, the trier of fact must decide what evidence it will accept as accurate and subsequently use to come to a decision regarding the is
Police Accountability Through Sentencing - April Lount
R v Doering (“Doering”) is an Ontario case in which a police officer was charged with failure to provide the necessaries of life and criminal negligence causing death. This case provides an example of the Ontario Superior Court of Justice’s (“the ONSC”) approach when dealing with police-involved fatalities and duty of care. Activist groups such as Black Lives Matter and Defund the Police have brought attention to how the judicial system treats police differently, and this has
Covid Confinement - Evaluating Solitary Confinement as a Criminal Punishment - Gladys Holmes
Having endured over a year now of government-imposed restrictions on personal liberty to curb the case count of covid, the general population is now able to better understand the implications of confinement. This blog will begin by exploring the historical reasoning behind solitary confinement, its effectiveness and psychological impact, and circle back to the current state of Covid-19 and what it entails for inmates who have already been deprived of many rights. The History
Reducing Stigmatization of Mental Illness and Furthering Equality - Jodi Plenert
With the rising awareness of the prevalence of mental disorders, society has started to emphasize the importance of mental health. However, individuals living with mental illness still bear the burdens of stigmatization and discrimination. The general public continues to view and treat individuals living with mental disorders as menacing, under-developed, and less-than-human. Furthermore, individuals with mental disorders who commit criminal acts are seen by society as inhere
Pushing the Envelope of Section 8 - Matisse Emanuele
R v Ibrahim (“Ibrahim”) is a case about rights of an accused criminal guaranteed under the Canadian Charter of Rights and Freedoms (“the Charter”) versus valid police objectives. Put more broadly, this is an example of how the common law powers of police search and seizure are slowly but surely poking into the protective bubble of Canadians’ section 8 Charter right to privacy. Why should you care about this? Because even though these cases are often about criminals versus pol