R v Parks: Defence of Automatism and Public Safety
It is almost unimaginable that a seemingly normal family man would attack and be charged with the murder of his mother-in-law and the attempted murder of his father-in-law. It is even more unimaginable that the accused in such a crime would be found not guilty by relying on the defence of automatism. This is what occurred in the R v Parks decision, where in 1992, the Supreme Court of Canada (SCC) found the respondent, Kenneth Parks, to be not guilty for attacking his parents
Applying Gladue Principles to Corbett Applications in R v King: A New Safeguard for Indigenous Accused Persons?
In R v Hart, Cromwell JA stated that the cross-examination process is a “cornerstone of the adversarial trial process… [and that] it is an important vehicle for the discovery of truth. The decision by the Ontario Court of Appeal (ONCA) in R v King adds an additional layer of protection for accused persons of Indigenous ancestry. The newfound precedential impact of R v King, as it relates to the Corbett applications of Indigenous accused persons, is ultimately the subject of i
Admissibility of Tinder Dating Application Messages: Evidence in Sexual Assault Trials
Generally, written evidence of a complainant’s sexual activity is presumed inadmissible, as it runs afoul of the Criminal Code s. 276. Such evidence can be admitted, but it requires the judge to carefully consider several factors prior to admission. Popularity of dating applications like Tinder, it is becoming increasingly difficult to differentiate between communications referencing a complainant’s prior sexual activity and communications that are part of the sexual activity
Civil Courts Introducing a New Intimate Partner Violence Tort: Coercive and Controlling Behaviour and the Potential Barriers to Victims for Access to Justice [ Part 2 ]
Survivors who experience CCB by an intimate partner may find themselves needing to seek help and safety from the court system. Individuals may not know the potential risks of seeking intervention from the court system that may lead to further CCB if the intimate partner misuses the court system. Litigation abuse can cause substantial harm to an individual in the court system. This discussion will examine several potential barriers and concerns arising from the new IPV tort.
Civil Courts Introducing a New Intimate Partner Violence Tort: Coercive and Controlling Behaviour and the Potential Benefits to Victims for Access to Justice [ Part 1 ]
Intimate partner violence is a serious issue in Canada. This discussion will examine how Canadian courts recognize coercive and controlling behaviour within civil law, regarding the new intimate partner violence tort, and whether the tort will improve access to justice for survivors. The important questions are: how are the courts recognizing the harms of CCB? And what are the potential positives of the courts recognizing and providing legal consequences for this type of abus
