Victims’ Rights and the Role of Aggravating and Mitigating Factors in Sentencing
Victims’ rights play an important role throughout the criminal justice process, including during sentencing. One of the ways in which victims are acknowledged within the justice system is through the consideration of their experiences through the use of aggravating factors at the sentencing stage. Section 718 of the Criminal Code establishes that the purpose of sentencing is not only to protect society, but also to promote respect for the law and to contribute to the maintena
The Evolution of Victims’ Rights in Canada
For much of Canadian legal history, the criminal justice system treated crime as a dispute between the state and the accused, leaving victims largely peripheral. Although victims were essential to investigations and prosecutions, they had few recognized rights and little access to information or participation.[i] Over time, public policy has shifted from this exclusion toward recognizing the importance of supporting and involving victims more fully in the justice process.[ii]
The Return of Mandatory Minimums: C-16’s Charter Safety Valve and the Return of the Inflationary Floor
Parliament has put mandatory minimum penalties back at the center of Canadian sentencing policy after a decade of court decisions striking down minimums that produce grossly disproportionate outcomes. In the latest iteration, Bill C-16 keeps mandatory minimums in place for offences that carry a minimum term of imprisonment.[i] It also adds a Charter safety valve that lets judges go below the floor when the minimum would amount to cruel and unusual punishment for the offender
Hate, Law, and Limits: Constitutional Boundaries for Bill C-9’s Hate Crime Reforms
Each year, thousands of hate-motivated incidents are reported to police in Canada.[i] Bill C-9 responds to this reality and raises a familiar constitutional question: how far can Parliament go in restricting hate symbols while still respecting freedom of expression under the Charter of Rights and Freedoms?
The International Community’s Response to the Rise of AI and its Relation to Security and Crime
Artificial Intelligence (AI) has become one of the most dominating topics of the 21st century. Countries across the globe are scrambling to determine how its use will be managed and regulated, and one of the main reasons why, among others, is because AI is being manipulated by malicious actors to engage in crime.[i] As the Department of Homeland Security put it, “AI technology is evolving quickly, making new kinds of crime possible and transforming old ones.”
