R v Brown: Think Before You Get High - Tobey Xiang
Intoxication as a defence occupies a unique status in criminal law. While normal levels of intoxication induced by alcohol alone have been proven to be insufficient to place a person in a state of automatism, extreme intoxication caused by alcohol in addition to other psychoactive substances can render a person in such a state. Extremely intoxicated individuals can commit violent offences without being conscious and voluntary in their conduct.
The Case for Expanding Section 81 Indigenous Healing Lodges in Canada - Moira Kennedy
Healing Lodges have been overwhelmingly successful at reducing recidivism for Indigenous offenders. Rooted in community and restorative justice practices, these Lodges provide an alternative to the standard prison experience and better serve Indigenous offenders. To expand the success of the program and ensure more offenders can participate, the government must prioritize building new Healing Lodges and secure funding so that they can be executed properly.
The Criminalization of HIV Non-Disclosure: A Small Step Forward, Miles to go - Lisa Hayden
A recent news report announced a bittersweet development in the criminal law surrounding Human Immunodeficiency Virus (HIV) non-disclosure in Canada.Jennifer Murphy, a former Ontarian, had been convicted of aggravated sexual assault in 2013 for not disclosing her HIV-positive status to her sexual partner, despite the fact that she was taking antiretroviral medication and had an undetectable viral load at the time. For this offence, Murphy was sentenced to over three years in
Wrongful Convictions: Is Canada’s Justice Broken? - Kirsten Nynych
Wrongful convictions occur when a factually innocent person is convicted of a crime they did not commit. Wrongful convictions usually result from miscarriages of justice which are mistakes or miscommunications in the justice system. A miscarriage of justice would occur if an individual was seriously criminally implicated even though they were only minorly involved and received a more serious charge than they were guilty of.
Common Law Police Powers Should Scare You - Cody Buhay
Imagine one day you’re walking to campus, excited to get to class to hear another lecture on your favourite topic, federalism. Suddenly, you hear sirens coming from behind you. Before you have time to look around, a police cruiser has pulled up beside you. The officer demands that you stop and hand over your cellphone. You protest because you know you have a constitutional right to privacy, but the officer promptly throws you to the ground, places you under arrest.
